TOWN  OF  MONTCLAIR 


,20749 

176  or 


COMPILATION  OF  LAWS  AND  ORDINANCES 


INCLUDING 


M 


RULES  OF  THE  SEVERAL  DEPARTMENTS 

OF  THE  TOWN 


MADE  BY  THE 


LAW  COMMITTEE  OF  THE  TOWN  COUNCIL 


November  1,  1908. 


TOWN 


"pnoxSTACKS  QEE1CE 


COMPILATION  OF  LAWS  AND  ORDINANCES 


INCLUDING 

RULES  OF  THE  SEVERAL  DEPARTMENTS 

OF  THE  TOWN 


MADE  BY  THE 

LAW  COMMITTEE  OF  THE  TOWN  COUNCIL 


November  1,  1908. 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

Unive/sity  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/compilationoflawOOmont 


3  5  £.074-9 

MT6  cTL 

\0O  £ 


To  the  Council  of  the  Town  of  Montclair: 

Pursuant  to  the  instructions  of  the  Council,  the  Law  Committee 
has  caused  to  be  prepared  an  amended  compilation  of  the  laws  affecting 
this  town  and  the  ordinances  of  the  town  now  in  force  therein. 

The  Committee  respectfully  submits  the  same  to  the  Town  Council 
with  the  accompanying  report  of  the  Town  Attorney  who  made  the 
compilation. 

Dated  November  1st,  1908. 

Charles  H.  Hartshorne, 

Chairman. 


566987 


To  the  Law  Committee  of  the  Montclair  Town  Council: 

The  Law  Committee  were  instructed  in  May,  1908,  to  prepare  an 
amended  compilation  of  the  laws  and  ordinances  affecting  the  Town. 

The  compilation  presented  herewith  shows  the  Town  Law  under 
which  Montclair  exists  together  with  all  direct  amendments  and 
supplements.  The  original  organization  was  under  Chapter  325  of 
the  Laws  of  1888,  a  special  election  having  been  held  for  that  purpose. 
This  act  was  declared  unconstitutional  in  State  vs.  Englewood,  decided 
at  the  February  Term,  1895.  Chapter  113  of  the  Laws  of  1895, 
usually  known  as  the  Voorhees  Act,  contained  a  provision  in  Section 
85  which  gave  Montclair  a  valid  town  government. 

Butler  vs.  Montclair,  67  N.  J.  Law,  426. 

For  convenience  of  reference,  where  a  section  of  the  original  act 
has  been  superseded,  the  later  act  is  inserted  in  place  of  the  original 
section.  In  addition  will  be  found  the  laws  passed  since  January  1, 
1902  (the  date  of  the  former  compilation),  affecting  the  administra¬ 
tion  of  the  Town  government,  which  are  most  likely  to  be  of  value 
to  citizens.  Of  course,  there  are  many  other  acts  which  have  direct 
relation  to  the  Town  officials,  but  are  of  no  special  importance  to 
the  citizens  as  such. 

All  the  general  ordinances  of  the  Town  with  amendments  to  date 
are  included  in  this  compilation. 

The  Sanitary  Code  adopted  by  the  Board  of  Health  and  the  rules 
and  regulations  of  the  Board  of  Education  are  added.  The  general 
school  law  has  not  been  printed,  as  it  is  voluminous  and  has  little 
relation  to  the  administrative  acts  of  the  Council. 

As  the  rules  of  the  Fire  Department  have  been  recently  published 
in  neat  form,  they  are  omitted.  The  rules  of  all  other  departments 
of  the  Town  government  are  included. 

The  citations  of  decisions  include  only  cases  where  direct  reference 
is  made  to  the  acts  interpreted. 

Montclair,  November  1st,  1908. 

Respectfully  submitted, 

Robert  M.  Boyd,  Jr., 

Town  Attorney. 


TOWN  ACT. 


An  Act  providing  for  the  formation,  establishment  and  government  of 
towns  (Approved  March  7,  1895.) 

See  revision  1895,  Vol.  3,  page  3525,  etc. 

1.  That  the  inhabitants  of  any  town,  village,  borough  or  town¬ 
ship  which  has,  or  hereafter  may  have,  a  population  exceeding  four 

ant’d  L.  1903,  Cli.  5]  thousand  inhabitants,  may  become  a  body 
politic  and  corporate  in  fact  and  in  law  by  the  name  and  title  of 
"“the  town  of  (specifying  the  name  borne  by  such  town,  borough  or 
township),  in  the  county  of  (specifying  the  county  in  which  the 
same  is  situated),”  whenever  at  any  special  election  called  for  that 
purpose,  or  at  any  town  or  charter  meeting  or  election,  at  which  the 
question  of  incorporating  under  this  act  is  submitted,  as  hereinafter 
provided,  it  shall  be  so  decided  by  a  majority  of  the  voters  thereof 
voting  at  any  such  election. 

2.  That  the  council,  township  committee  or  other  governing  body 
of  any  such  town,  borough  or  township,  upon  the  petition,  in  writing, 
of  at  least  fifty  resident  freeholders,  may,  by  the  votes  of  the  majority 
of  all  the  members  thereof,  adopt  an  ordinance  for  the  holding  of  a 
special  election  in  such  town,  borough  or  township  for  the  purpose 
of  deciding  whether  such  town,  borough  or  township  shall  become 
incorporated  as  a  town  under  the  provisions  of  this  act,  which  ordi¬ 
nance  shall  prescribe  the  time  and  place  or  places  of  holding  such 
special  election  and  such  other  regulations  respecting  the  same  as 
may  be  deemed  necessary  and  proper;  provided,  however,  that  instead 
of  providing  for  a  special  election,  such  ordinance  may  provide  for 
submitting  the  question  of  incorporating  as  a  town  under  this  act 
to  the  voters  of  such  town,  borough  or  township  at  the  town  or  charter 
meeting  or  election  to  be  held  next  thereafter. 

3.  That  if  a  special  election  be  called,  notice  of  the  same  shall 
be  given  by  advertisement  published  in  the  official  newspaper  or 


l 


2 


TOWN  ACT. 


newspapers  (if  any)  of  such  town,  borough  or  township,  and  if  there 
be  none,  in  at  least  two  newspapers  published  in  the  county  and 
circulating  in  such  town,  borough  or  township,  at  least  once  in  each 
week  for  two  weeks  successively,  and  by  printed  notices  posted  in  at 
least  one  hundred  conspicuous  places  therein,  at  least  fifteen  days 
next  preceding  the  time  appointed  for  such  special  election,  which 
advertisements  and  notices  shall  specify  and  set  forth  the  time, 
place  or  places  and  the  object  and  purpose  of  holding  such  special 
election;  and  in  case  said  ordinance  provides  for  submitting  the 
question  of  incorporating  as  a  town  under  this  act  at  a  town  or 
charter  meeting  or  election,  notice  thereof  shall  be  given  by  adver¬ 
tisement  published  in  the  official  newspaper  or  newspapers  of  such 
town,  borough  or  township  (if  any),  and  if  there  be  none,  in  two 
newspapers  published  in  the  county  and  circulating  in  such  town, 
borough  or  township,  for  two  weeks  successively,  next  preceding 
the  day  appointed  by  law  for  holding  such  election,  at  least  once 
in  each  week,  and  by  printed  notices  posted  in  at  least  one  hun¬ 
dred  conspicuous  places  therein  at  least  fifteen  days  prior  to  the 
day  appointed  by  law  for  holding  such  election,  which  advertise¬ 
ment  and  notices  shall  set  forth  that  the  question  of  incorporating 
as  a  town  under  the  provisions  of  this  act  will  be  submitted  at 
the  next  ensuing  town  or  charter  meeting  or  election. 

4.  That  any  special  election  held  under  the  provisions  of  this  act 
shall  be  by  ballot  and  shall  be  held  and  conducted  under  the  general 
acts  respecting  elections,  and  the  votes  shall  be  canvassed  and 
counted  in  the  manner  provided  by  law  for  canvassing  and  counting 
votes  at  town  or  local  elections  held  in  such  town,  borough  or  town¬ 
ship;  the  ballots  shall  contain  the  words  “for  incorporation  as  a 
town  under  the  act  entitled  ‘An  act  providing  for  the  formation  and 
government  of  towns,’  ”  or  “against  incorporation  as  a  town  under 
the  act  entitled  ‘An  act  providing  for  the  formation  and  government 
of  towns ;’  ”  and  in  case  the  question  of  incorporation  as  a  town 
under  this  act  shall  be  submitted  at  a  town  or  charter  meeting  or 
election,  the  words  “for  incorporation  as  a  town  under  the  act 
entitled  ‘An  act  providing  for  the  formation  and  government  of 
towns,’  ”  shall  be  printed  on  each  ballot  beneath  the  list  of  candi¬ 
dates  thereon;  if  said  words  or  proposition  be  marked  off  or  defaced 
upon  the  ballot,  it  shall  be  counted  as  a  vote  against  the  same;  if 
not  marked  off  or  defaced,  the  ballot  shall  be  counted  as  a  vote  in 


TOWN  ACT. 


3 


favor  thereof;  if  a  majority  of  the  votes  so  cast  at  any  special  town 
or  charter  meeting  or  election  shall  be  in  favor  of  incorporation  as 
a  town  under  this  act,  then  within  three  days  after  the  result  of  the 
election  shall  have  been  declared,  a  certificate  of  the  result  of  such 
election  signed  by  the  chairman  of  the  council,  committee  or  govern¬ 
ing  body  of  such  town,  borough  or  township,  and  attested  by  the 
clerk  thereof,  together  with  certified  copies  of  the  petition,  ordinance 
and  statement  of  the  board  of  canvassers  or  election  officers  who 
canvassed  the  vote,  and  proof  by  affidavits  that  due  notice  of  such 
election  was  given,  shall  be  filed  with  the  secretary  of  state,  and  from 
and  after  filing  the  same  such  town,  borough  or  township  shall  be 
and  it  is  hereby  declared  to  be  a  body  politic  and  corporate  in  fact 
and  in  law  by  the  name  and  title  aforesaid,  and  by  said  name 
and  title  shall  have  perpetual  succession,  sue  and  be  sued,  prosecute 
and  defend  in  all  courts  in  this  state;  have  a  common  seal  and  alter 
the  same  at  pleasure,  and  purchase,  hold  and  convey  real  and  per¬ 
sonal  property  for  the  use  and  benefit  of  the  town. 

[For  procedure  re  incorporation  as  city,  see  L.  1903,  Ch.  145.] 

5.  That  it  shall  be  the  duty  of  the  council,  township  committee  or 
other  governing  body  of  such  town,  borough  or  township,  which 
shall  have  voted  as  aforesaid  for  incorporation  as  a  town  under  this 
act,  to  divide  such  town  into  not  less  than  three  wards ;  each  ward 
shall  consist  of  contiguous  territory,  and  each  shall  contain  as  nearly 
as  possible  an  equal  number  of  inhabitants;  provided,  however,  that 
such  division  into  wards  shall  be  made  at  least  one  month  before  the 
first  annual  town  election  held  under  this  act ;  and  provided  further 
that  where  any  town,  borough  or  township  shall  have  been 
divided  into  three  or  more  wards  before  adopting  this  act,  such 
division  shall  continue,  and  such  existing  wards  shall  constitute 
the  wards  of  the  town  as  formed  and  incorporated  under  this  act 
until  changed  by  the  council,  and  said  council  may  change  such 
division  and  create  new  or  different  wards  at  any  time  within  one 
year  after  the  declaration  of  the  result  of  any  official  state  or  United 
States  census. 

6.  That  the  officers  of  any  town,  borough  or  township,  which 
has  voted  as  aforesaid  for  incorporation  as  a  town  under  this  act, 
who  shall  hold  office  at  the  time  of  filing  the  aforesaid  certificate 
with  the  secretary  of  state,  shall  continue  to  hold  their  respective 
offices  until  the  first  day  of  May  next  succeeding  the  first  annual 


4 


TOWN  ACT. 


town  election  held  under  this  act,  and  shall  in  all  things  be  subject 
to  the  provisions  of  this  act  in  the  same  way  as  if  they  had  been 
elected  hereunder;  and  no  surety  of  any  such  officer  shall  be  dis¬ 
charged  from  liability  on  account  of  any  change  made  in  the  duties 
of  such  officer  by  this  act,  unless  within  five  days  after  this  act 
becomes  operative  in  such  town,  he  shall,  in  writing,  notify  the 
council  of  his  intention  to  withdraw  from  his  suretyship,  in  which 
case  he  shall  be  discharged  from  liability  from  the  time  this  act 
becomes  operative  in  such  town ;  and  the  council  may  require  such 
officer  to  furnish  new  or  additional  sureties  in  place  of  the  ones 
withdrawing  as  aforesaid;  and  if  he  fails  or  neglects  so  to  do,  the 
council  may  declare  his  office  vacant,  and  may  fill  such  vacancy  in 
the  manner  hereinafter  prescribed  for  the  filling  of  vacancies. 

7.  That  the  council  or  governing  body  of  the  town  may  fill  by 
appointment  all  such  offices  herein  provided  for  which  did  not  exist 
in  the  town,  borough  or  township  of  which  it  is  the  successor;  and 
all  such  appointments  to  elective  offices  shall  hold  only  until  the  first 
day  of  May  next  succeeding  the  first  town  election  held  under  the 
provisions  of  this  act,  and  all  other  such  appointments  shall  hold 
only  until  the  first  day  of  June  next  thereafter. 

[See  L.  1908,  Ch.  143d 

8.  That  any  town  which  may  be  formed  or  incorporated  under 
the  provisions  of  this  act  shall  take,  hold,  possess  and  enjoy  and 
become  absolutely  vested  with  all  the  rights  and  property  of  the 
town,  borough  or  township  of  which  it  is  the  successor,  and  shall  be 
responsible  for  and  liable  to  all  contracts,  debts  and  obligations  of 
such  town,  borough  or  township. 

9.  That  the  town  and  ward  officers  of  the  town  shall  be  a  town 
council,  consisting  of  two  councilmen  from  each  ward  and  one  Mayor 
[L.  1905,  Ch.  164,  and  L.  1907,  Ch.  63],  a  town  clerk,  a  town  collector, 
a  town  treasurer,  a  town  attorney,  an  assessor,  a  recorder,  a  board  of 
commissioners  of  appeal,  consisting  of  one  member  from  each  ward, 
an  overseer  of  the  poor,  one  or  more  town  surveyors,  one  or  more 
poundkeepers,  a  board  of  education  consisting  of  three  members 
from  each  ward,  three  commissioners  of  assessment,  a  chief  of 
police  and  a  chief .  engineer  of  the  fire  department,  three  constables 
in  each  ward  and  such  number  of  justices  of  the  peace  as  the  town 
may  be  entitled  to  under  the  constitution  and  laws  of  this  state, 
and  for  the  purpose  of  electing  justices  of  the  peace,  each  town 


TOWN  ACT. 


5 


shall  be  considered  a  township,  and  in  counties  in  which  chosen 
freeholders  are  elected  by  townships  and  wards  each  ward  of  the 
town  shall  elect  one  chosen  freeholder. 

[Assistant  Collector  of  Taxes.  But  see  L.  1907,  Ch.  152.] 

10.  [As  ant’d  by  L.  1902,  Ch.  171,  and  L.  1906,  Ch.  120],  The 
councilmen  from  each  ward  and  the  Mayor  [L.  1905,  Ch.  164],  town 
clerk,  town  collector,  assessor,  constables  and  members  of  the  board 
of  education  shall  be  elected  at  an  annual  town  election;  the  town 
treasurer,  town  attorney,  recorder,  overseer  of  the  poor,  chief  of 
police,  chief  of  the  fire  department  [ L .  1902,  Ch.  171],  town  surveyor, 
board  of  assessors,  and  poundkeepers  shall  be  appointed  by  the  tozvn 
council  in  the  manner  and  for  the  terms  hereinafter  provided;  the 
term  of  office  of  any  officer  elected  or  appointed,  not  herein  otherwise 
provided  for,  may  be  fixed  by  council  by  ordinance ;  the  council  may 
in  like  manner  appoint  such  other  subordinate  officer  as  may  be 
deemed  necessary,  and  fix  his  terms  of  office  and  compensation,  and 
define  his  duties. 

[Council  may  appoint  all  assessors.  L.  1908,  Ch.  153d 

11.  [Repealed  by  L.  1905,  Ch,  3,  as  ant’d  by  L.  1905,  Ch,  192] 
LAWS  OF  1905,  CHAPTER  3,  AS  AM'D  BY  L.  1905,  CH.  192. 

An  Act  relative  to  the  time  of  election  and  appointment  and  terms  of  office 
of  officers  elected  or  appointed  in  towns,  townships,  boroughs  and  other 
municipalities  in  this  state. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
Neiu  Jersey : 

1.  Hereafter,  in  all  towns,  townships,  boroughs  and  other 
municipalities  in  this  state,  all  officers  required  to  be  elected  therein 
at  any  municipal  or  charter  election  shall  be  voted  for  and  elected  on 
the  first  Tuesday  after  the  first  Monday  of  November  in  each  year, 
and  with  the  same  registration  and  upon  the  same  officidl  ballots 
required  by  law  for  the  election  of  state  and  county  officers,  and  not 
otherwise;  and  the  said  ballots  voted  as  aforesaid  for  such  officers 
shall  be  canvassed,  and  the  result  of  any  such  election  therefor  shall 
be  determined  as  now  provided  by  law  in  the  case  of  county  officers 
and  certified  to  the  clerk  of  such  town,  township,  borough  or  other 
municipality,  it  being  the  intention  hereby  to  consolidate  the  municipal 
or  charter  elections  in  tozuns,  townships,  boroughs  and  other  munhi - 


6 


TOWN  ACT. 


palities  with  the  general  or  state  election;  provided,  that  nothing  here¬ 
in  contained  shall  be  construed  to  affect  the  election  of  commissioners 
in  those  municipalities  the  boundaries  of  which  are  not  coterminous 
or  coextensive  with  the  boundaries  of  the  township  of  which  they  are 
a  part  and  zvhose  elective  or  appointive  officers  are  not  authorized  by 
law  to  assess  and  collect  taxes,  nor  any  member  of  any  board  of 
education  or  school  trustee. 

2.  The  term  of  office  of  every  such  elective  officer  ( except  justices 
of  the  peace )  heretofore  elected  in  any  town,  township,  borough  or 
other  municipality,  and  holding  office  at  the  passage  of  this  act,  shall 
be  and  hereby  is  extended  from  the  time  when  his  term  would  other¬ 
wise  expire  until  twelve  o’clock  noon  of  the  first  day  of  January  next 
succeeding  the  date  at  which  his  term  of  office  would  otherwise  expire; 
provided,  that  this  section  shall  not  apply  to  any  officer  whose  term 
of  office  now  expires  by  law  on  the  first  day  of  January  in  any  year. 

3.  Every  officer  heretofore  appointed  or  chosen  by  the  township 
committee,  mayor  or  other  governing  body  of  any  town,  township, 
borough  or  other  municipality,  and  holding  office  therein  at  the  pass¬ 
age  of  this  act,  shall  continue  in  office,  and  his  term  of  office  shall  be 
and  hereby  is  extended  from  the  time  when  his  term  would  otherwise 
expire  until  twelve  o’clock  noon  of  the  first  day  of  January  next  suc¬ 
ceeding  the  date  at  which  his  term  of  office  would  otherwise  expire; 
provided,  that  this  section  shall  not  apply  to  any  officer  whose  term 
of  office  now  expires  by  law  on  the  first  day  of  January  in  any  year. 

4.  The  terms  of  office  of  all  officers  ( except  justices  of  the  peace) 
hereafter  elected  in  any  town,  tozvnship,  borough  or  other  munici¬ 
pality  shall  commence  at  twelve  o’clock  noon  on  the  first  day  of  Janu¬ 
ary  next  succeeding  their  election  and  continue  for  the  respective 
terms  of  years  now  fixed  by  lazv;  and  the  terms  of  office  of  all  officers 
hereafter  appointed  or  chosen  by  the  township  committee,  mayor  or 
other  governing  body  of  any  town,  township,  borough  or  other  munici¬ 
pality,  except  to  fill  vacancies,  shall  commence  on  the  first  day  of 
January  of  the  year  in  which  they  are  appointed  and  continue  for  the 
respective  terms  of  years  now  fixed  by  law,  when  said  term  is  for 
a  definite  period;  provided,  however,  that  no  appointment  of  any 
officer  shall  be  made  by  the  township  committee  or  other  governing 
body  of  any  town,  tozvnship,  borough  or  other  municipality  for  a  term 
of  office  to  commence  after  the  expiration  of  the  term  of  any  member 
of  said  tozvnship  committee  or  other  governing  body,  or  by  the  mayor 


TOWN  ACT. 


7 


of  the  borough  or  other  municipality ,  for  a  term  of  office  to  commence 
after  the  expiration  of  the  term  of  said  mayor. 

5.  All  vacancies  in  offices  in  any  town ,  township,  borough  or  other 
municipality  of  this  state  arising  from  or  created  by  any  other  cause 
than  expiration  of  term  of  office  shall  be  filled  for  the  unexpired  term 
only. 

6.  The  pozvers ,  duties  and  authorities  of  every  officer  zvhose  term 
of  office  is  extended  by  this  act  are  hereby  continued  in  full  force 
and  effect  for  and  during  the  period  of  such  extension. 

7.  Every  officer  now  or  hereafter  holding  any  office  covered  by 
the  provisions  of  this  act,  except  justices  of  the  peace,  shall  continue 
to  hold  such  office  and  to  exercise  the  duties  thereof,  notwithstanding 
the  time  limited  for  such  continuance  shall  have  expired,  until  his 
successor  has  been  chosen  and  qualified,  unless  sooner  removed  in 
the  manner  provided  by  lazu. 

8.  All  acts  and  parts  of  acts,  special  or  general,  inconsistent  zvith 
the  provisions  of  this  act  are  hereby  repealed. 

9.  This  act  shall  take  effect  immediately. 

Approved,  February  \Sth,  1905. 

Newly  elected  officer  need  only  take  oath  of  office  before  term  begins,  under 
act  of  February  15th,  1905.  (Pamph.  L.,  p.  14.) 

Atty.-Gen.,  ex  ret.  Smith,  v.  Petty,  73  N.  J.  L.  333. 

Only  time  of  officials  of  town,  township,  borough  or  other  municipalities 
extended  by  terms  of  act  of  February  15th,  1905.  (Pamph.  L.,  p.  14.) 

Van  Emburgh,  Rel.,  v.  Trail,  73  N.  J.  L.  394. 

12.  That  the  person  or  persons  receiving  the  greatest  number  of 
votes  of  those  given  in  the  town  for  any  town  office  and  of  those 
given  in  each  ward,  respectively,  for  any  office  in  or  from  the  ward, 
shall  be  declared  to  be  elected. 

13.  That  the  board  of  town  canvassers  shall  consist  of  one  judge 
or  inspector  of  election  from  each  election  district  in  the  town,  who 
shall  be  appointed  for  that  purpose  by  the  other  election  officers 
(excluding  the  clerk)  of  such  district,  a  majority  of  the  board 
shall  constitute  a  quorum,  and  the  town  clerk  shall  be  clerk  of 
said  board ;  the  board  shall  meet  on  the  Friday  next  after  such 
election,  at  three  o’clock  in  the  afternoon,  at  the  town  hall,  and 
shall  choose  one  of  their  number  to  be  chairman  thereof;  if  the 
town  clerk  shall  fail  to  attend,  the  board  may  appoint  one  of  their 
own  number  to  be  clerk  thereof ;  thereupon  the  members  of  tbe 
board  shall  produce  the  statements  which  shall  have  been  delivered 


8 


TOWN  ACT. 


to  them  as  aforesaid,  and  lay  the  same  before  the  board,  and  from 
such  statement  the  board  shall  proceed  to  ascertain  the  votes  given 
at  such  election  for  the  several  officers  voted  for  thereat ;  provided, 
however,  that  if  for  any  reason,  any  member  of  such  board  shall  fail 
to  produce  such  statement,  that  then,  on  the  request  of  the  board, 
the  town  clerk  shall  produce  and  lay  before  the  board  the  statement 
filed  with  him,  and  the  same  may  be  used  with  the  like  effect  as  if  it 

had  been  produced  by  the  member  so  failing  to  deliver  his  state¬ 

ment. 

[As  to  compensation  of  election  officers,  see  L.  1903,  Ch.  266,  and  L.  1908, 
Ch.  40.] 

The  act  of  1903,  Ch.  266,  is  a  supplement  to  the  general  election  law  of  1898, 
and  relates  only  to  services  performed  under  the  law  of  1898. 

Saves  v.  Trail,  71  N.  J.  L.  91. 

14.  That  the  said  board  of  canvassers  shall  make  a  written 

statement  of  the  number  of  votes  given  for  the  several  officers  to 
be  elected  for  said  town  and  the  several  wards  thereof,  the  names 
of  the  persons  for  whom  such  votes  were  given  and  the  number  of 
votes  given  f CTr  each;  that  upon  such  statement  said  board  shall 

proceed  to  determine  and  declare  what  person  or  persons  have 

received  the  greatest  number  of  votes  for  each  of  the  officers 
mentioned  in  such  statement ;  the  statement  and  final  declarations 
of  the  board  shall  be  certified  to  by  the  presiding  officer  and  clerk, 
and  shall  be  filed  with  the  town  clerk  and  be  by  him  recorded  in  a 
book  to  be  kept  for  that  purpose;  and  within  two  days  after  such 
canvass  of  the  votes,  the  town  clerk  shall  deliver  to  every  person 
elected  to  any  town  or  ward  office  a  certificate  thereof,  under  the 
seal  of  the  town. 

15.  That  if  at  any  such  election  there  shall  be  a  failure  to  fill 
any  office,  except  that  of  mayor  or  member  of  the  board  of 
education,  by  reason  of  two  or  more  persons  having  received  an 
equal  number  of  votes  therefor,  the  town  council  then  in  office 
shall  by  ballot  elect  one  of  the  persons  so  receiving  an  equal  number 
of  votes  to  fill  such  office  until  the  next  town  election,  when  the  un¬ 
expired  portion  of  the  term  (if  any)  shall  be  filled  by  the  electors  of 
the  town ;  and  if  there  shall  be  a  failure  for  like  cause  to  fill  the 
office  of  councilman  or  member  of  the  board  of  education,  a  new 
election  for  such  officer  or  officers  shall  be  immediately  ordered  by 
the  town  council. 

16.  That  except  as  herein  otherwise  provided,  at  the  first  town 


TOWN  ACT. 


9 


election  held  under  this  act  one  member  of  the  council  from  each 
ward  shall  be  elected  for  one  year,  and  one  member  for  two  years; 
and  one  member  of  the  board  of  education  shall  be  elected  for 
one  year,  and  one  member  for  two  years,  and  one  member  for  three 
years ;  and  the  electors  voting  at  such  election  shall  designate  on 
their  ballots  the  terms  for  which  the  several  candidates  for  said 
offices  shall  be  elected;  and  thereafter,  annually,  a  member  of  the 
council  shall  be  chosen  from  each  ward  for  two  years,  and  a  member 
of  the  board  of  education  for  three  years. 

17.  That  no  person  shall  be  eligible  to  any  office  under  this  act 
unless  he  shall  have  resided  in  the  town  for  the  period  of  at  least  one 
year,  and  no  person  shall  be  eligible  to  any  ward  office  unless*  he  shall 
be  an  actual  resident  of  the  ward ;  and  no  person  shall  be  eligible 
to  any  office  unless  he  is  a  citizen  of  the  United  States;  provided, 
however,  that  the  town  attorney  and  the  town  surveyors  need  not 
be  residents  of  the  town;  and  when  any  person  except  town  attorney 
and  town  surveyors,  elected  or  appointed  to  any  town  or  ward  office, 
shall  remove  from  the  town  or  ward,  his  office  shall  thereby  become 
vacant. 

18.  [As  ant’d  by  L.  1905,  Ch.  13.] 

An  Act  concerning  the  filling  of  vacancies  in  elective  offices  in  towns  and 
in  cities  of  the  third  class. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  In  all  tozvns  and  cities  of  the  third  class  in  this  state  the  common 
council,  board  of  aldermen,  or  other  governing  body,  .shall  have  the 
power  to  fill  vacancies  in  all  elective  offices,  including  any  vacancy 
occurring  or  existing  in  any  such  common  council,  or  board,  or  body, 
and  such  officer  so  appointed  or  chosen  to  fll  any  such  vacancy  shall 
hold  office  until  the  frst  day  of  January  next  succeeding  the  next  local 
or  charter  election  in  such  city;  and  such  vacancy  shall  be  regularly 
filed  for  the  unexpired  term  thereof,  if  any  remain,  at  the  next  local 
or  charter  election  held  in  such  city  in  the  same  manner  as  before 
the  passage  of  this  act;  if  such  vacancy  occur  at  so  short  a  period  of 
time  before  the  next  annual  election  that  such  office  cannot  be  duly 
filed  at  such  election  the  common  council,  board  of  aldermen,  or  other 


10 


TOWN  ACT. 


governing  body  of  such  city,  may  fill  such  vacancy  in  the  same  manner 
as  though  the  same  had  occurred  immediately  after  said  election,  and 
the  said  vacancy  shall  be  regularly  filled  at  the  next  subsequent  local 
or  charter  election  in  such  city  held  thereafter;  any  person  now  holding 
any  such  elective  office  by  virtue  of  any  appointment  made  by  any 
such  common  council  to  fill  a  vacancy  regularly  arising  are  hereby 
■confirmed  in  such  office  and  their  title  thereto  is  hereby  validated. 

2.  Tins  act  shall  take  effect  immediately. 

Approved  March  1,  1905. 

[See  also  L.  1908,  Ch.  143.] 

\ 

19.  That  in  case  any  such  vacancy  as  aforesaid  shall  occur  in 
any  office  which  is  filled  by-  appointment  or  election  by  the  town 
council,  the  said  town  council  shall  have  power  to  fill  such  vacancy 
by  the  appointment  of  a  suitable  person  to  hold  for  the  unexpired 
portion  of  the  term  of  such  office. 

20.  That  every  person  elected  or  appointed  under  this  act  to 
any  office  shall,  within  ten  days  after  such  election  or  appointment, 
take  and  subscribe  before  an  officer  qualified  to  administer  paths  an 
oath  or  affirmation,  faithfully  and  impartially  to  execute  the  duties 
of  his  office  according  to  the  best  of  his  ability  and  understanding, 
which  oath  or  affirmation  shall  be  filed  in  the  town  clerk’s  office,  and 
if  any  person  so  elected  or  appointed  shall  fail  so  to  qualify,  then 
his  office  shall  be  deemed  vacant,  and  may  be  filled  in  the  manner 
hereinbefore  provided. 

[Appointment  is  not  invalidated  by  failure  to  file  oath;  L.  1905,  Ch.  24 2.  Oath 
once  filed  suffices ;  L.  1906,  Ch..  3.  See  73  N.  J.  L.  333.] 

21.  That  the  town  clerk,  town  treasurer,  town  collector  and  such 
other  officers  as  the  town  council  may  require,  before  they  enter  on 
the  duties  of  their  office  and  within  such  time  as  the  board  of  council 
may  by  ordinance  prescribe,  shall  give  bonds  to  the  town  in  its 
corporate  name  in  such  sums  and  with  such  sureties  as  the  board 
of  council  shall  require  and  approve  for  the  faithful  performance  of 
their  duties,  which  bonds,  when  so  given,  shall  bind  the  obligors 
therein  named  until  the  successors  to  the  officers  giving  the  same 
shall  be  actually  inducted  into  office,  and  if  any  officer  shall  fail  or 
neglect  to  give  bonds  in  the  sum  or  with  the  sureties  or  within  the 
time  required  by  such  ordinance,  the  council  may  declare  such  office 


TOWN  ACT. 


11 


vacant,  and  such  vacancy  shall  be  filled  in  the  manner  hereinbefore 
provided. 

22.  That  the  official  terms  of  the  several  officers  who  shall  be 
elected  under  this  act  shall  commence  on  the  first  day  of  May  next 
succeeding  their  election;  and  the  term  of  any  officer  who  shall  be 
appointed  by  virtue  of  this  act  shall  commence  on  the  first  day  of 
June  next  succeeding  his  appointment,  except  in  cases  otherwise 
provided  for  in  this  act,  and  every  officer  shall  hold  his  office  during 
his  official  term  and  until  his  successor  shall  have  been  duly  elected 
or  appointed  and  shall  have  duly  qualified. 

23.  That  it  shall  be  the  duty  of  every  officer  in  said  town  within 
ten  days  after  the  expiration  of  his  term  of  office  or  his  removal 
therefrom  to  deliver  to  his  successor  in  office,  or  to  such  person  as 
the  town  council  may  appoint,  all  books,  records,  papers,  vouchers 
and  property  of  every  kind  in  his  possession  or  under  his  control, 
belonging  to  said  town  or  appertaining  to  such  office. 

24.  That  no  officer  of  the  town  elected  or  appointed  under  this 
act  shall  hold  any  other  office  of  profit  or  trust  under  this  act,  and 
any  such  officer  who  shall  accept  any  other  office  under  this  act 
shall  be  deemed  to  thereby  vacate  the  office  to  which  he  was  first 
elected  or  appointed. 

25.  [As  amended  by  Laws  of  1900,  Chapter  30.]  The  salaries 
and  compensation  to  be  paid  to  the  town  clerk,  the  town  collector, 
the  town  treasurer,  the  town  attorney,  the  recorder,  the  assessor, 
the  chief  of  police  and  the  members  of  the  police  force,  the  chief  of 
the  fire  department,  the  overseer  of  the  poor,  the  town  surveyors, 
poundkeepers,  commissioners  of  appeal,  commissioners  of  assess¬ 
ment  and  members  of  the  town  council,  shall  be  fixed  by  ordinance 
of  the  town  council ;  and  the  salary  or  compensation  of  any  officer 
which  has  been  fixed  as  aforesaid  shall  not  be  increased  or  dimin¬ 
ished  during  his  term  of  office,  and  all  fees  paid  to  any  of  said  officers 
for  any  services  required  of  him  by  this  act,  or  by  any  ordinance  or 
resolution  of  the  town  council,  shall,  immediately  after  the  receipt 
thereof,  be  paid  by  such  officer  to  the  town  treasurer  for  the  use  of  the 
town,  unless  herein  otherwise  specially  provided ;  provided,  however, 
that  such  salaries  shall  not  exceed  the  following  sums  per  year, 
viz.,  the  town  clerk,  two  thousand  dollars;  members  of  the  town 
council,  five  hundred  dollars  each ;  town  collector,  two  thousand 
dollars;  town  treasurer,  two  thousand  dollars;  recorder,  six  hundred 


12 


TOWN  ACT. 


dollars;  (assessor,  one  thousand  dollars.)  [ Repealed  by  L.  1899, 
Ch.  107.] 

[See  L.  1899,  Ch.  107,  providing  for  a  board  of  three  assessors,  to  receive  such 
salaries  as  the  town  council  shall  by  ordinance  prescribe.] 

Mayor  may  have  salary  up  to  $1,000.  L.  1908,  Ch.  232. 

26.  That  all  the  officers  of  the  town  shall  be  governed  by  such 
general  ordinances  as  the  town  council  may  from  time  to  time 
adopt,  not  inconsistent  with  the  provisions  of  this  act  and  the  laws 
of  this  state,  and  every  officer  may  be  removed  from  office  for  cause 
by  a  two-thirds  vote  of  all  the  members  of  the  council,  but  no  such 
removal  shall  take  place  until  the  person  sought  to  be  removed  shall 
have  bad  an  opportunity  of  being  heard  in  his  own  defense ;  but 
the  provisions  of  this  section  shall  not  apply  to  any  member  or  officer 
of  the  board  of  education. 

27.  That  the  town  clerk  shall  hold  office  for  the  term  of  two 
years,  and  shall,  in  addition  to  the  duties  required  of  him  by  this 
act  or  any  other  law  of  this  state,  have  charge  of  all  the  records, 
books  and  documents  of  the  town,  except  when  the  town  council 
shall  otherwise  direct ;  he  shall  keep  a  record  of  the  proceedings 
of  the  council,  he  shall  engross  all  ordinances  in  a  book  to  be  pro¬ 
vided  for  that  purpose,  which  book  shall  be  deemed  a  public  record 
of  such  ordinances,  and  each  ordinance  shall  be  signed  in  said  book 
by  the  chairman  of  the  council  and  said  clerk;  copies  of  all  papers 
duly  filed  in  the  office  of  the  town  clerk  and  transcripts  thereof 
and  of  the  records  and  proceedings  of  the  board  of  council  and  copies 
of  tbe  ordinances  of  said  town,  certified  by  the  said  clerk  under 
the  corporate  seal  of  the  town,  shall  be  evidence  in  all  courts  and 
places;  the  town  clerk  shall  pay  over  to  the  town  treasurer,  without 
delay,  all  moneys  received  by  or  paid  to  him  for  the  use  of  the  town; 
his  office  shall  be  at  the  town  hall,  and  he  shall  keep  the  same  open 
for  the  transaction  of  public  business  during  such  hours  as  the 
council  shall  by  ordinance  prescribe;  it  shall  be  lawful  for  him  to 
charge  and  receive  for  his  own  use,  at  the  rate  of  ten  cents  per  folio, 
for  copies  of  all  official  papers  and  records  and  for  the  return  to  any 
writ  of  certiorari  made  by  him. 

28.  That  the  town  collector  shall  hold  office  for  the  term  of 
two  years,  and  it  shall  be  his  duty  to  receive  and  collect  all  moneys 
due  to  the  town,  whether  for  taxes,  assessments,  arrears  of  taxes  or 
otherwise;  the  town  council  shall  provide  him  with  an  office  at  the 


TOWN  ACT. 


13 


town  hall,  which  he  shall  attend  at  such  times  as  shall  be  designated 
by  the  council  by  ordinance;  he  shall  enter,  in  suitable  books  to  be 
provided  for  that  purpose,  by  the  council,  any  sums  received  by 
him  for  any  purpose,  and  he  shall  specify  in  such  entry  the  names  of 
the  persons  by  whom  or  on  whose  account  the  payments  are  made, 
the  dates  of  payment  and  the  purpose  for  which  payment  is  made, 
and  if  any  part  of  any  payment  is  for  interest  or  penalties,  the 
amount  thereof  shall  be  separately  stated ;  he  shall  at  least  once  each 
week  pay  over  all  moneys  collected  by  him  for  the  town  to  the 
town  treasurer,  and  shall  take  his  receipt  therefor;  he  shall  furnish 
the  council  at  least  once  in  each  week,  and  oftener  if  required,  a 
statement  of  all  moneys  received  and  collected  by  him  since  his  last 
preceding  report  was  made,  and  he  shall  perform  all  such  other 
duties  appertaining  to  the  said  office  as  the  council  shall  by  ordi¬ 
nance  prescribe;  he  shall  make  a  full  report  annually  on  the  first  day 
of  April,  to  the  council,  of  all  moneys  received  and  disbursed  by  him, 
and  he  shall,  whenever  required,  lay  before  the  council  for  examina¬ 
tion  and  audit  all  books,  papers  and  vouchers  appertaining  to  his 
office. 

[Fiscal  year  now  begins  January  1st,  and  all  financial  reports  are  to  be  filed 
December  31st.  L.  1905,  Ch.  178,  and  h.  1908,  Ch.  264.] 

[Assistant  collector’s  office  may  be  abolished  by  ordinance.  L.  1907,  Ch.  152. 
See  also  L.  1908,  Ch.  152.] 

29.  That  the  town  treasurer  shall  hold  office  for  two  years ;  he 
shall  receive,  safely  keep  and  disburse,  under  the  direction  of  the 
council,  all  moneys  belonging  to  or  under  the  control  of  the  town, 
he  shall  keep  an  accurate  account  of  all  receipts  and  payments  in 
such  manner  as  the  council  shall  direct;  no  money  shall  be  paid  out 
of  the  treasury  except  on  warrant  signed  by  the  chairman  of  the 
council  and  attested  by  the  town  clerk,  excepting  payments  of 
state  and  county  taxes,  which  the  said  treasurer  is  hereby  required 
to  make  annually  out  of  the  first  moneys  received  by  him  from 
the  town  collector  and  moneys  paid  into  the  town  treasury  for  the 
redemption  of  property  sold  for  taxes  and  assessments ;  and  no 
warrant  shall  be  drawn  on  the  treasurer  except  in  pursuance  of  an 
order  or  resolution  of  the  council  passed  at  a  stated  meeting 
and  entered  in  their  minutes ;  all  such  warrants  shall  be  numbered 
and  made  payable  to  the  order  of  the  person  entitled  to  receive 
the  same,  and  shall  specify  for  what  purpose  the  amount  therein 


14 


TOWN  ACT. 


mentioned  is  directed  to  be  paid  and  the  appropriation  against 
which  it  is  to  be  charged;  it  shall  be  the  duty  of  the  clerk  before 
he  delivers  any  warrant  so  drawn  to  enter  into  the  margin  of  a 
book  to  be  called  “warrant  book,”  opposite  to  said  warrant,  the 
number,  date,  amount  of  the  same,  the  appropriation  to  which  it 
is  charged,  the  date  of  the  resolution  or  order  authorizing  it 
to  be  drawn,  the  purpose  for  which  ordered,  and  the  name  of  the 
person  or  persons  to  whose  order  it  is  made  payable,  and  to  take  his 
or  their  receipt  in  said  book  at  the  end  of  said  marginal  entry  for 
said  warrant ;  provided,  however,  that  nothing  in  this  section  con¬ 
tained  shall  apply  to  the  disbursement  and  payment  of  moneys  raised 
or  received  for  public  school  purposes. 

30.  [ Repealed  by  School  Lazo  of  1903,  approved  Oct.  19,  1903. 
See  Sec.  185  et  scq.~\ 

31.  That  the  treasurer,  at  least  once  every  month,  and  oftener 
if  required,  shall  furnish  the  council  with  a  statement  of  all  moneys 
received  and  expended  by  him  (including  school  moneys)  since  his 
last  report,  and  he  shall  annually,  on  the  first  day  of  April,  make  to 
the  council  a  full  report  of  all  his  receipts  and  expenditures,  and 
he  shall,  whenever  required,  lay  before  the  council,  for  examination 
and  audit,  all  books,  papers  and  vouchers  appertaining  to  his  office. 

[See  note  above  showing  repeal  of  this  section  so  far  as  relates  to  school 
moneys.] 

[For  change  of  fiscal  year  to  Jan.  1st,  see  L.  1905,  Ch.  178.] 

32.  That  the  recorder  shall  hold  office  for  two  years  and  shall 
have  jurisdiction  and  is  hereby  empowered,  on  oath,  affirmation 
or  affidavit  made  according  to  law,  that  any  person  or  persons  has 
or  have  been  guilty  of  a  violation  of  any  of  the  ordinances  of  the 
town,  to  issue  process  either  in  the  nature  of  a  summons  or  warrant 
as  to  him  may  seem  most  advisable,  against  the  person  or  persons 
so  violating  such  ordinance,  which  process  shall,  when  of  the  nature 
of  a  warrant,  be  returnable  forthwith,  and  when  in  the  nature  of 
a  summons  be  returnable  in  not  less  than  three  or  more  than  five 
days;  that  such  process  shall  state  what  ordinance  the  defendant 
or  defendants  named  therein  has  or  have  violated,  and  in  what 
manner  the  same  has  been  violated,  and  then  on  return  of  such 
process,  or  at  the  time  to  which  the  recorder  shall  have  adjourned 
the  same,  the  said  recorder  shall  proceed  to  hear  testimony  and  to 
determine  and  give  judgment  in  the  matter  without  the  filing 


TOWN  ACT. 


15 


of  any  pleadings,  and  the  recorder  shall,  if  judgment  be  rendered 
for  the  plaintiffs,  forthwith  issue  execution  against  the  goods  and 
chattels  and  against  the  body  of  the  defendant  or  defendants;  and 
the  said  recorder  shall  be  further  empowered  to  inflict  fines  not 
exceeding  the  sum  of  twenty  dollars  on  such  persons  as  shall  be 
convicted  before  him  of  vagrancy,  disorderly  conduct,  breach  of 
the  peace,  or,  in  his  discretion,  to  order  such  persons  to  be  com¬ 
mitted  to  the  county  jail  or  workhouse  for  any  period  not  exceeding 
thirty  days;  provided,  that  in  all  cases  where  the  fine  or  penalty  shall 
exceed  ten  dollars  or  where  the  punishment  shall  be  imprisonment, 
there  may  be  a  trial  by  jury,  to  be  conducted  as  in  cases  now  triable 
in  courts  for  the  trial  of  small  causes;  the  recorder  shall  also  have 
power  to  cause  any  person  or  persons  who  shall  be  found  guilty  of  a 
violation  of  the  ordinances  of  the  town,  and  who  may  refuse  or 
neglect  to  pay  any  penalty  imposed,  to  be  committed  to  the  county 
jail  for  any  period  not  exceeding  thirty  days;  and  the  recorder  shall 
be  present  at  the  station  house  or  other  place  provided  for  him  by 
the  town  council,  at  such  hours  every  day  as  the  council  shall  desig¬ 
nate;  and  the  recorder  shall  have  the  same  powers  in  criminal  matters 
within  the  territorial  limits  of  the  town  as  are  possessed  and  exercised 
by  justices  of  the  peace  of  this  state. 

[As  to  further  powers  of  recorder,  see  L.  1907,  Ch.  194.] 

[Recorder  has  jurisdiction  in  actions  to  enforce  ordinances  of  boards  of  health. 
Police  officers  have  power  to  serve  process,  etc.,  in  such  actions.  Fines,  etc.,  in 
such  actions  are  to  be  paid  over  to  town  authorities.  L.  1904,  Ch.  127.] 

33.  That  any  member  of  the  council,  during  his  term  of  office, 
and  any  policeman  of  said  town,  shall  have  the  power,  on  witnessing 
any  breach  of  the  peace  or  any  violation  of  a  town  ordinance,  to 
forthwith  arrest  and  take  into  custody,  without  warrant,  the  offender 
or  offenders,  and  to  take  said  offender  or  offenders  before  the 
recorder  of  the  town  for  a  hearing. 

See  L.  1907,  Ch.  194,  Sec.  3. 

34.  That  every  conviction  for  violating  a  town  ordinance  had 
before  the  recorder,  either  with  or  without  a  jury  trial,  may  be 
reviewed  by  appeal  to  the  court  of  common  pleas  of  the  county 
in  the  same  manner  and  upon  the  same  terms  as  appeals  are  or  may 
be  taken  from  courts  for  the  trial  of  small  causes,  and  in  case  the 
judgment  appealed  from  shall  be  imprisonment  the  said  recorder 
or  any  judge  of  the  court  of  common  pleas  may  admit  to  bail  the 


16 


TOWN  ACT. 


party  appealing  during  the  pendency  of 'his  appeal;  but  no  judg¬ 
ment  for  the  violation  of  any  ordinance  shall  be  reversed  for  any 
imperfection,  omission,  defect  in  or  lack  of  form,  nor  for  any  error 
except  such  as  shall  or  may  have  prejudiced  the  defendant  in  main¬ 
taining  his  defense  upon  the  merits. 

See  L.  1907,  Ch.  194. 

35.  That  the  officers  empowered  to  serve  process  issued  by  the 
recorder  shall  be,  besides  the  constables  elected  or  appointed  within 
the  town,  the  policemen  of  the  town,  and  that  said  process  shall  be 
returned  in  the  sanfe  manner,  so  far  as  circumstances  may  permit,  as 
warrants  in  courts  for  the  trial  of  small  causes  are  returned,  and  the 
defendant  or  defendants  named  therein  shall,  if  the  recorder  sees  fit 
to  adjourn  the  hearing  of  the  charge  made  and  so  orders,  enter  into 
recognizance,  as  near  as  may  be,  in  the  manner  directed  in  the  courts 
for  the  trial  of  small  causes,  in  the  amount  of  the  penalty  named  in 
the  process  or  in  any  proceedings  brought  for  the  recovery  of  the 
same,  with  such  surety  as  may  be  approved  by  the  recorder,  unto 
the  town,  by  its  corporate  name,  for  his  or  their  appearance  on  the 
day  to  which  said  hearing  may  be  adjourned,  and  in  default  of  such 
appearance  the  said  recognizance  may  be  prosecuted  and  collected 
in  the  same  manner  as  the  same  might  have  been  if  the  said  recog¬ 
nizance  had  been  taken  in  a  proceeding  in  courts  for  the  trial  of 
small  causes. 

36.  That  the  Mayor  [ L .  1905,  Ch.  164],  assessor  [but  see  L.  1899, 
Ch  107]  and  overseer  of  the  poor  shall  each  hold  office  for  the  term 
of  two  years,  and  the  said  assessor  and  overseer  shall  perform  all  the 
duties  required  of  such  officers  by  law  in  the  several  townships  of 
this  state  and  the  ordinances  of  the  town. 

37.  That  the  town  attorney  shall  be  appointed  by  the  council; 
he  shall  hold  his  office  for  the  term  of  one  year,  and  shall  perform 
such  duties  as  the  council  shall  by  ordinance  prescribe. 

38.  That  the  town  surveyors  shall  be  designated  from  time  to 
time  by  the  council,  and  they  shall  give  bonds  in  such  penalty  and 
upon  such  condition,  and  shall  receive  such  compensation  for  the 
service  they  may  render  as  the  council  shall  by  ordinance  prescribe. 

39.  That  the  poundkeepers  shall  be  appointed  by  the  council,  and 
shall  hold  their  office  for  such  term,  and  shall  perform  such  duties 
in  addition  to  the  duties  imposed  upon  them  by  any  law  of  this  state, 
as  the  council  may  by  ordinance  prescribe. 


TOWN  ACT. 


17 


40.  [ Repealed  by  L.  1906,  Ch.  120,  Sec.  13.] 

41.  [ Repealed  by  L.  1902,  Ch.  171.] 

42.  That  the  town  council  shall  meet  annually  for  organization 
on  the  first  day  of  January  [as  amended ],  unless  that  day  should  hap¬ 
pen  to  be  on  Sunday,  in  which  case  they  shall  meet  on  the  day  pre¬ 
ceding;  the  Mayor  [as  ant’d]  shall  be  the  chairman  and  shall  preside 
at  all  meetings  of  the  council;  in  his  absence  the  council  may  elect 
one  of  their  number  as  chairman  for  the  time  being;  they  shall 
appoint  the  times  of  meeting,  determine  and  establish  the  rules  of 
their  own  proceedings,  and  pass  ordinances,  by-laws,  and  resolutions 
pertaining  to  the  purposes  and  objects  of  the  corporation  and  necessary 
and  proper  for  carrying  out  the  provisions  of  this  act. 

43.  [As  ant’d  by  L.  1901,  Ch.  41.]  That  the  council  shall,  on  the 
thirty-first  day  of  December  in  each  year  [a.?  ant’d  by  L.  1905,  Ch. 
178]  cause  to  be  printed  a  full  statement  of  all  receipts  and  expendi¬ 
tures  of  every  description  for  the  year  preceding,  with  all  such  further 
information  as  may  be  necessary  for  a  full  understanding  of  the  finan¬ 
cial  concerns  of  the  town,  and  that  it  shall  be  the  duty  of  the  town 
clerk  to  distribute  such  printed  statements  among  the  people  of  the 
town  or  to  furnish  a  copy  of  such  statement  to  every  citizen  applying 
for  the  same. 

44.  That  a  majority  of  the  council  shall  be  a  quorum  for  the 
transaction  of  business,  but  a  smaller  number  may  meet  and  adjouni 
from  day  to  day;  the  council  shall  hold  stated  meetings  at  least 
twice  in  each  month  at  the  town  hall,  at  such  times  as  they  may 
appoint,  but  the  chairman  or  any  two  councilmen  may  call  special 
meetings  by  written  notice  to  each  of  the  members,  served  personally 
or  left  at  his  usual  place  of  abode  at  least  twenty-four  hours  pre¬ 
vious  to  the  time  appointed  for  such  meeting,  but  no  business  other 
than  that  specified  in  the  call  shall  be  transacted  at  such  special  meet¬ 
ing,  and  no  business  by  this  act  required  to  be  done  at  a  stated 
meeting  of  the  council  shall  be  done  or  performed  at  any  such  special 
meeting. 

45.  That  all  contracts  in  which  any  councilman  shall  be  inter¬ 
ested,  either  directly  or  indirectly,  or  in  which  any  councilman  may. 
be  surety  for  the  faithful  performance  thereof,  shall  be  null  and 
void,  and  no  member  of  the  council  shall  become  security  for  any 
public  officer  elected  or  appointed  under  this  act. 

46.  [As  ant’d  by  L.  1906,  Ch.  179.]  No  ordinance  or  by-law 


18 


TOWN  ACT. 


shall  be  passed  by  the  town  council,  unless  the  same  shall  have  been 
introduced  at  a  previous  stated  meeting,  and  shall  be  agreed  to  by  a 
majority  of  the  members  of  the  council;  and  no  ordinance  shall  take 
effect  until  five  days  after  it  shall  have  been  published  in  the  official 
newspapers  of  the  town,  and  if  there  be  none,  in  at  least  one  newspaper 
published  in  the  county  and  circulating  in  the  town;  provided,  how¬ 
ever,  that  no  ordinance  for  opening,  grading,  flagging,  curbing,  paving, 
macadamizing  any  street,  avenue  or  public  place,  or  for  the  construc¬ 
tion  of  any  sewer,  or  for  any  street  improvement,  shall  be  passed 
or  adopted  unless  it  shall  receive  the  votes  of  two-thirds  of  the 
members  of  the  council ;  provided  further,  however,  that  if  any  such 
work  or  improvement  shall  have  been  petitioned  for  by  the  owners  of 
one-sixth  of  the  lands  fronting  on  the  street  or  section  of  street  pro¬ 
posed  to  be  improved,  an  ordinance  for  improving  such  street  or  sec¬ 
tion  of  street  in  accordance  with  such  petition  may  be  passed  and 
adopted  by  the  votes  of  a  majority  of  all  the  members  of  the  council. 

47.  That  the  council  may,  by  the  title,  “the  council  of  the  town 

of  - ,  in  the  county  of  - ,”  pass  adopt,  alter,  modify  and 

repeal  ordinances  to  take  effect  within  the  town  for  the  following 
purposes : 

To  manage,  regulate,  protect  and  control  the  finances  and  prop¬ 
erty  of  the  town ;  to  make  and  adopt  an  assessment  map  or  maps 
whereby  to  describe  lands  assessed  for  taxes  or  improvements;  to 
ascertain  and  establish  the  boundaries  of  all  streets,  highways, 
public  lanes  and  alleys  in  the  town;  to  regulate,  clean  and  keep  in 
repair  the  streets,  highways,  lanes  and  alleys  in  the  town,  and  to 
prevent  and  to  remove  all  encroachments,  obstructions  and  in¬ 
cumbrances  in  and  upon  all  streets,  highways,  lanes  and  alleys, 
sewers,  drains  and  water-courses;  to  prescribe  the  manner  in 
which  corporations  or  individuals  shall  exercise  any  privilege 
granted  to  them  in  the  use  of  any  street,  highway  or  alley  or  in  dig¬ 
ging  up  any  street,  highway  or  alley  for  any  purpose  whatsoever : 
to  direct  and  regulate  the  planting,  rearing,  trimming  and  pre¬ 
serving  of  ornamental  shade  trees  in  the  streets,  parks  and  public 
places  of  the  town,  and  to  authorize  or  prohibit  the  removal  or 
destruction  of  such  shade  trees,  to  name  and  number  the  streets, 
houses  and  lots  in  the  town;  to  provide  for  and  enforce  the  removal 
of  snow  and  ice  from  the  sidewalks  and  gutters  of  streets,  by  the 
owners  of  land  fronting  thereon,  and  to  provide  that  in  case  of 


TOWN  ACT. 


19 


neglect  or  refusal  of  or  by  the  owner  of  any  lot  of  land  fronting  on  a 
public  street  or  highway  to  remove  snow  or  ice  from  the  sidewalks 
and  gutters  in  front  of  his  lands,  that  the  council  may  cause  the 
same  to  be  done  at  the  expense  of  such  owner,  and  that  the  cost  and 
expense  thereof,  with  interest  thereon,  shall  be  added  to  and  shall 
form  part  of  the  taxes  next  to  be  levied  and  assessed  upon  such 
lands,  and  shall  be  and  remain  a  lien  upon  such  lands  until  paid ;  to 
regulate  the  use  of  streets,  highways  and  public  places  by  individ¬ 
uals,  vehicles,  railways  and  engines  of  every  kind ;  to  prevent  and 
punish  horse-racing  and  immoderate  driving  or  riding  in  any  street, 
and  to  regulate  the  speed  and  running  of  locomotives,  engines  and 
railroad  cars  through  the  town;  to  regulate  and  control  the  passage 
through  the  streets  and  public  places  of  buildings  and  other  large 
structures;  to  prevent  animals  of  all  kinds  from  running  at  large 
in  the  streets  or  public  places  of  the  town,  and  for  the  impounding, 
sale  or  destruction  of  the  same,  and  to  regulate  and  prevent  the 
driving  of  cattles  or  other  animals  in  droves  in  or  through  any  of  the 
streets  of  the  town;  to  prevent  and  prohibit  any  practice  having 
a  tendency  to  frighten  animals  or  persons  passing  in  the  streets  of  the 
town;  to  regulate  or  prohibit  all  public  performances  and  exhibi¬ 
tions  for  money ;  to  prevent  and  suppress  vice  and  immorality ;  to 
restrain  or  punish  tramps,  vagrants,  mendicants  and  street  beggars, 
to  preserve  the  public  peace ;  to-  prevent  and  quell  riots,  disturbances 
and  disorderly  assemblages;  to  restrain  and  suppress  disorderly 
and  gaming-houses  and  houses  of  ill-fame;  to  establish  and  regu¬ 
late  one  or  more  public  pounds,  and  to  provide  for  the  sale  of 
animals  impounded,  and  to  fix  the  fees  to  be  paid  persons  impounding 
animals,  and  the  redemption  fees  to  be  paid ;  to  regulate  and  pre¬ 
vent  and  to  provide  for  the  destruction  of  dogs  running  at  large;  to 
regulate  or  prohibit  swimming  or  bathing  in  the  waters  of  or  bound¬ 
ing  the  town;  to  regulate  the  removal  or  destruction  of  buildings 
that  are  liable  to  fall,  or  buildings  that  are  dangerous  to  life;  to 
regulate  or  prohibit  the  carrying  on  of  manufactures  dangerous  in 
causing  or  promoting  fire;  to  regulate  or  prohibit  the  manufacture, 
sale,  keeping,  storage  or  use  of  fireworks,  gunpowder,  camphene, 
kerosene,  burning  fluid,  nitro-glycerine,  dynamite  or  other  in¬ 
flammable  or  explosive  materials ;  to  raze  and  demolish  any  build¬ 
ing  or  erection  when  necessary  to  prevent  the  extension  of  a  con¬ 
flagration,  and  to  provide  for  the  ascertainment  and  payment  of 


20 


TOWN  ACT. 


just  damages  and  compensation  to  owners  of  property  destroyed 
in  such  cases;  to  regulate  or  prohibit  the  use  of  firearms  and  the 
carrying  of  weapons  of  any  kind ;  to  erect,  provide,  repair  and  control 
a  town  hall,  police  and  station  houses,  fire  engines  and  such  other 
buildings  as  may  be  necessary;  to  regulate,  license  or  prohibit  inns, 
taverns  and  restaurants,  and  the  sale  or  transfer  of  spirituous, 
vinous,  malt  or  other  strong  or  intoxicating  liquors;  provided, 
however,  that  no  such  license  shall  be  granted  to  any  person  who  is 
not  a  citizen  of  the  United  States ;  and  to  fix  and  prescribe  the 
terms  and  conditions  upon  which  licenses  for  such  purposes  shall 
be  granted,  and  to  provide  for  the  revoking  and  annulling  of  licenses 
for  violations  of  such  conditions ;  provided,  however,  that  all  such 
conditions  shall  be  printed  on  the  license;  and  provided  further, 
that  no  license  shall  be  granted  unless  the  applicant  shall  first  pay 
to  the  town  clerk  such  license  fee  as  may  be  required  by  any  general 
law  of  this  state,  and  if  there  be  no  general  law,  such  fee,  not  less 
than  fifty  dollars,  as  may  be  fixed  by  ordinance;  and  if  the  applica¬ 
tion  is  rejected  the  deposit  shall  be  returned;  to  provide  that  the 
penalty  for  a  second  conviction  within  six  months  of  a  violation 
of  any  such  ordinance  shall  be  a  fine  not  exceeding  one  hundred 
dollars  or  imprisonment  in  the  county  jail  not  exceeding  three 
months;  to  license  and  regulate  cartmen,  porters,  hacks,  cabs,  cars, 
omnibuses,  stages  and  all  other  carriages  and  vehicles  used  for  the 
transportation  of  passengers,  baggage,  merchandise  and  goods  and 
chattels  of  any  kind,  and  the  ozvners  and  drivers  of  vehicles  and  means 
of  transportation,  and  to  require  the  owners  to  mark  vehicles  in 
such  manner  as  the  council  shall  designate;  and  to  license  and  regu¬ 
late  auctioneers,  common  criers,  pawnbrokers,  junk-shop  keepers,  junk 
dealers,  sweeps  and  scavengers,  and  to  prohibit  unlicensed  persons 
from  acting  in  such  capacities ;  to  license  and  regulate  peddlers, 
hawkers  and  hucksters,  bill  posters,  keepers  of  bath  houses,  boarding 
houses  and  hotels,  lodging  houses  or  other  buildings  used  by  the  pub¬ 
lic  for  sleeping  or  lodging  purposes,  and  news  stands,  szuceps,  scaven¬ 
gers,  traveling  or  other  shows,  circuses,  theatrical  performances,  plays, 
exhibitions,  concerts,  skating  rinks,  itinerant  venders  of  merchandise, 
medicines  and  remedies,  and  also  the  place  or  places  or  premises  in 
which  or  at  which  the  different  kinds  of  business  or  occupation  men¬ 
tioned  above  are  to  be  carried  on  or  conducted,  and  to  fix  the  rate  of 
compensation  to  be  paid  therefor,  and  to  prohibit  all  persons  and 


TOWN  ACT. 


21 


places  and  all  vehicles  unlicensed  from  acting,  using  or  being  used  in 
said  capacities  and  for  such  uses  and  purposes,  and  to  fix  and  prescribe 
penalties  for  the  violation  of  any  such  ordinance  or  ordinances,  and 
that  fees  for  such  licenses  may  be  imposed  for  revenue  [as  ant’d  by 
L.  1905,  Ch.  197]  [See  L.  1908,  Ch.  285 ;  provides  that  violation 
may  be  punished  either  by  fine  not  to  exceed  one  hundred  dollars,  or  by 
imprisonment  not  to  exceed  ninety  days]  ;  and  no  license  granted  for 
any  of  the  aforesaid  purposes  by  any  other  authority  shall  be  valid, 
except  license  granted  by  the  governor  to  hawkers  and  peddlers ;  to  fix 
the  penalty  where  the  same  is  not  fixed  or  provided  for  by  this  act  for 
the  violation  of  any  ordinance  by  this  act  authorized  to  be  passed, 
which  penalty  shall  be  a  fine  not  exceeding  twenty  dollars,  and  in 
case  of  non-payment  thereof,  imprisonment  in  the  county  jail  not 
exceeding  thirty  days ;  to  provide  for,  establish,  regulate  and 
control  a  fire  department  and  to  establish  rules  for  the  government 
thereof  (whose  members  shall  be  exempt  from  military  duty  in 
time  of  peace,  and  from  serving  as  jurors  in  courts,  for  the  trial  of 
small  causes),  and  to  provide  engines  and  other  fire  apparatus,  and 
to  designate  the  manner  of  appointing  and  removing  members  of  the 
fire  department;  to  provide  for  the  government  of  the  fire  depart¬ 
ment  and  the  care  and  repair  of  the  engines  and  other  fire  apparatus, 
and  for  the  purchasing  of  necessary  supplies  by  a  board  of  fire 
commissioners,  consisting  of  five  members,  to  be  appointed  by  the 
council,  who  shall  hold  office  for  one  year  and  who  shall  receive  no 
salary;  and  to  further  provide  for  the  payment  of  the  lawful  debts 
contracted  or  incurred  by  such  commissioners. 

Additional  powers  are  vested  in  town  council  as  follows : 

Assessors — May  appoint  three.  L.  1908,  Ch.  153. 

Assistant  Collector — May  abolish  office  of.  L.  1907,  Ch.  152. 

Bonds — To  refund  96  2-3  per  cent,  of  maturing.  L.  1907,  Ch.  101. 

County  Roads — To  pay  part  of  cost  of  county  roads.  L.  1903,  Ch.  97. 

A  signature  to  a  petition  for  the  improvement  of  a  road,  under  the  act  of  1903 
(Pamph.  L.,  p.  145),  must  be  in  the  name  of  the  owner  of  the  land.  A  signature 
by  a  husband  of  his  own  name,  when  the  land  belongs  to  his  wife,  cannot  be 
counted,  although  the  wife  subsequently  ratifies  his  act. 

The  signature  of  the  owner  of  an  undivided  share  of  land  cannot  be  counted. 

State,  ex  rel.  Arnold,  v.  Freeholders  of  Cumberland,  72  N.  J.  L.  448. 

When  a  proceeding  for  the  improvement  of  a  public  road  was  initiated  by  a 
petition  under  the  8th  section  of  the  Road  Improvement  act  of  March  22d,  1895 
(Gen.  Stat.,  p.  2902),  before  the  passage  of  the  Road  Improvement  act  of  April 


22 


TOWN  ACT. 


ist,  1903  (Pamph.  L.,  p.  145),  the  right  to  assess  land  bordering  on  the  road  for 
ten  per  cent,  of  the  cost,  which  the  act  of  1895  conferred,  was  not  revoked  by 
the  act  of  1903. 

Harris  v.  The  Bd.  of  Chosen  Freeholders  of  Burlington  Co.,  72 
N.  J.  L.  82. 

The  State  Aid  Road  law  of  1895  and  its  supplements  (Pamph.  L.  1895,  p.  424; 
Gen.  Stat.,  p.  2902,  pi.  413,  etc.;  Pamph.  L.  1896,  p.  426;  Pamph.  L.  1897,  p.  20; 

Pamph.  L.  1898,  p.  160;  Pamph.  L.  1899,  p.  78;  Pamph.  L.  1902,  p.  18)  are  repealed 
by  the  act  of  April  1st,  1903.  Pamph.  L.,  p.  145. 

Ccrtelyou  v.  Anderson,  73  N.  J  L.  427. 

Decoration  Day — To  appropriate  $100  for  observance  of.  L.  1908,  Ch.  22. 

Dog  License  Fees — To  cause  dog  license  fees  to  be  paid  to  Board  of  Health,  etc. 
L.  1902,  Ch.  22. 

Dogs — To  kill  dogs  running  at  large  without  a  muzzle  after  proclamation  issued. 
L.  1906,  Ch.  259. 

Engine  Houses — To  erect  engine  houses  and  other  municipal  buildings  and  issue 
bonds  therefor.  L.  1903,  Ch.  12. 

To  include  in  tax  levy  the  rental  for  fire  hydrants.  L.  1903,  Ch.  138. 

Fire  Limits — To  establish  fire  limits.  L.  1902,  Ch.  222,  and  L.  1905,  Ch.  185. 

Fire  Works — To  control  fire  works  and  explosives.  L.  1905,  Ch.  185. 

Forest  Fires — To  appoint  fire  marshal  and  prevent,  etc.,  forest  fires.  I  .  1902,  Ch. 
139.  See  also  L.  1907,  Ch.  9. 

Forestry — To  use  lands  for  forestry.  L.  1906,  Ch.  136. 

Freeholders — To  appoint  chosen  freeholders  to  fill  vacancy.  L-  1905,  Ch.  155. 
Freight — To  consent  to  street  railroad  carrying  freight.  L.  1906,  Ch.  77. 

Garbage  and  Ashes — To  provide  for  collection,  etc.,  of  garbage  and  ashes.  L. 
1903,  Ch.  45. 

Grade  Crossing — To  bond  town  re  grade  crossing  abolition.  L.  1904,  Ch.  209. 

To  consent  to  grade  crossing.  L.  1906,  Ch.  301. 

Hospital — To  contribute  (after  vote  at  election)  to  hospital.  L.  1904,  Ch.  7. 

Lamps  on  Vehicles — To  require  lamps  on  vehicles.  L.  1902,  Ch.  223. 

Lawn — To  maintain  strip  of  lawn  on  street.  L.  1905,  Ch.  112. 

Library — To  accept  a  conditional  gift  of  a  library  building  or  moneys  therefor. 
L.  1902,  Ch.  88. 

To  purchase  site  for  library  and  issue  bonds  to  defray  the  expense.  L.  1902, 
Ch.  230;  L.  1905,  Ch.  150. 

Liquor — Licenses  for  sale  of  liquor.  See  L.  1906,  Ch.  114  and  166;  L.  1907,  Ch. 
255;  L.  1908,  Ch.  146. 

The  right  to  regulate  the  sale  of  intoxicating  liquors  by  retail  by  the  legislature 
or  by  municipalities  or  other  authority,  under  legislative  power  given,  is  within 
the  police  power  of  the  state,  and  is  practically  limitless.  It  may  extend  to  the 


TOWN  ACT. 


23 


prohibition  of  the  sale  altogether.  A  license  is  not  a  contract.  It  is  a  mere 
privilege. 

Meehan  v.  The  Bd.  of  Excise  Commissioners  of  Jersey  City,  73  N. 

J.  L.  382. 

Medicinal  Preparations,  etc. — To  regulate  and  prohibit  distribution,  etc.,  of  medici¬ 
nal  preparations,  etc.,  and  advertisements  relating  thereto.  L.  1904,  Ch.  88. 

Mosquito  Breeding — To  make  appropriation  to  prevent  mosquito  breeding.  L. 
1905,  Ch.  80. 

Municipal  Buildings — To  purchase  municipal  buildings  (after  vote  at  election)  up 
to  $50,000,  and  issue  bonds  therefor.  L.  1902,  Ch.  5. 

Numbering  of  Houses — To  provide  for  official  numbering  of  houses,  etc.  L. 
1902,  Ch.  187. 

Parks — To  establish  parks,  etc.,  and  issue  bonds  therefor.  L.  1904,  Ch.  37. 

To  establish  parks,  etc.,  by  condemnation.  L.  1906,  Ch.  269. 

To  lay  out  and  maintain  parks,  etc.  L.  1908,  Ch.  104. 

Pension — To  pension  Civil  War  veteran  after  forty  years’  service.  L.  1906,  Ch.  252. 
To  pension  policemen  after  act  accepted.  L.  1906,  Ch.  299. 

To  pension  widow  of  veteran  after  25  years’  service.  L.  1907,  Ch.  16. 
Publish — Tax  list  and  valuations.  L.  1908,  Ch.  276. 

Removal  of  Snow — To  provide  for  removal  of  snow,  ice,  grass,  weeds,  etc.  L. 
1904,  Ch.  125. 

Sell  Unsuitable  Lands — To  -sell  unsuitable  lands.  L.  1903,  Ch.  hi. 

Sewers — To  build  enlarged  and  additional  sewers.  L.  1902,  Ch.  265. 

To  build  outlet  sewers,  pumping  station,  disposal  works,  etc.  L.  1902,  Ch. 

124,  as  am’d  by  L.  1903,  Ch.  237;  and  to  condemn  lands,  etc.,  for  that  purpose, 

L.  1906,  Ch.  293.  See  L.  1907,  Ch.  285,  and  79  and  227. 

To  compel  connection  with  sewers  and  assess  cost  against  property.  L. 

1908,  Ch.  261. 

Shade  Trees — To  appoint  commissioners  of.  L  1907,  Ch.  156;  L.  1908,  Ch.  221. 

Streets — To  pave  streets  forming  boundary  between  municipalities.  L.  1902, 
Ch.  in. 

To  consent  to  street  railroads  carrying  freight.  L.  1906,  Ch.  77. 

Ordinances — How  proven  and  how  enforced.  L.  1907,  Ch.  194. 

Sprinkling — To  provide  for  sprinkling  of  streets,  etc.,  with  water,  oil,  etc.  L. 
1908,  Ch.  26. 

Tax — To  tax  county  lands.  L.  1907,  Ch.  220. 

To  improve  any  street  and  assess  up  to  25  per  cent,  of  cost  on  adjoining 
lands.  L.  1908,  Ch.  142. 

To  include  in  tax  levy  the  rentals  for  fire  hydrants.  L.  1903,  Ch.  138. 

•  To  tax  street  railroads.  L.  1906,  Ch.  290. 

Town  Hall — To  spend  $100,000  for,  after  referendum.  L.  1907,  Ch.  168. 


24 


TOWN  ACT. 


Vacate — To  vacate  unopened  and  unused  streets.  L.  1906,  Ch.  254;  L.  1907, 
Ch.  22. 

To  vacate  public  easements.  L.  1904,  Ch.  205. 

An  ordinance  of  a  municipality  passed  under  the  provisions  of  an  act  of  the 
legislature  (Pamph.  L.  1904,  p.  365),  relative  to  the  vacation  of  land  dedicated  or 
devoted  to  public  use,  which  contains  terms  that  can  only  be  made  effective  by 
infringing  upon  private  rights,  will  be  set  aside. 

Ocean  City  Land  Co.  v.  Ocean  City,  et  al.,  73  N.  J.  L.  493 
Volunteer — To  pay  volunteer  firemen.  L.  1905,  Ch.  175. 

Ward  Lines — To  establish  ward  lines.  L.  1902,  Ch.  60. 

48.  That  the  council  shall  have  power  by  ordinance  to  regulate 
the  use  of  the  streets  of  the  town  by  street  railway  companies;  to 
require  such  companies  to  lay  and  confine  their  tracks  according  to 
such  grades  of  the  street  as  may  from  time  to  time  be  established 
by  the  council;  to  keep  that  portion  of  the  street  lying  between  the 
rails  paved  and  in  good  repair,  also  to  keep  the  street  to  the  extent 
of  eighteen  inches  beyond  the  rails  in  good  repair  and  on  a  level  with 
the  rails;  to  keep  their  tracks  free  from  snow  and  ice  and  compel 
the  removal  of  the  same  from  the  streets;  and  to  provide  a  penalty 
not  exceeding  fifty  dollars  for  every  violation  of  such  ordinance. 

49.  That  in  case  the  boundary  line  between  any  town  formed 
under  this  act  and  any  other  municipality  shall  be  one  of  the  ex¬ 
treme  lines  of  a  street  or  road,  such  street  or  road  being  wholly 
within  such  town,  it  shall  be  lawful  for  the  council  of  such  town 
to  pass  ordinances  regulating  the  use  of  such  street  or  road  by  the 
owners  or  occupants  of  property  in  such  other  municipality  ad¬ 
joining  such  street  or  road,  and  to  provide  penalties  for  the  violation 
of  such  ordinance  not  exceeding  ten  dollars  fine;  and  it  shall  be 
lawful  for  any  constable  or  policeman  of  such  town  to  execute  any 
process  issued  by  the  recorder  for  the  violation  of  any  such  ordinance 
within  the  territorial  limits  of  such  other  adjoining  municipality. 

50.  That  the  council  shall  have  power  by  ordinance  to  provide 
for,  establish,  regulate  and  control  a  day  and  night  police,  and  to 
regulate  and  define  the  manner  of  their  appointment  and  removal, 
their  duties  and  compensation;  provided,  that  such  police  force 
(excluding  officers)  shall  not  exceed  more  than  one  policeman  to 
every  eight  hundred  inhabitants ;  and  provided  further,  that  no 
policeman  or  police  officer  shall  be  removed  except  for  neglect  of 
duty,  misbehavior,  incompetency  or  inability  to  serve. 

51.  That  the  council  shall  have  full  power  to  enact  and  pass  such 


TOWN  ACT. 


25 


and  so  many  other  ordinances  or  by-laws  for  the  peace,  good 
government,  order,  welfare  and  convenience  of  the  town  as  they 
may  deem  necessary,  proper  and  expedient,  not  repugnant  to  this 
act  or  to  the  constitution  of  this  State  or  of  the  United  States. 

52.  [As  am’d  by  L.  1902,  Ch.  123.]  The  Council  shall  have  power 
to  pass  ordinances  appropriating  and  providing  for  raising  by  taxation 
moneys  for  the  following  purposes  : 

I.  For  lighting  the  streets  of  the  town; 

II.  For  the  support  of  the  police  department; 

III.  For  the  maintenance  of  the  fire  department ; 

IV.  For  regulating ,  cleaning  and  keeping  in  repair  streets  and 

highways; 

V.  For  repairs  to  public  buildings; 

VI.  For  relief  of  the  poor ; 

VII.  For  water  for  the  extinguishment  of  fires; 

VIII.  For  the  payment  of  interest  upon  the  debt  of  the  town  and 
such  part  of  the  principal  as  shall  from  time  to  time  become 
due  and  payable; 

IX.  For  the  sinking  fund  required  to  be  raised ; 

X.  For  the  general  and  incidental  expenses  of  the  town,  includ¬ 
ing  the  printing  and  publication  of  minutes  of  council,  ordi¬ 
nances  and  such  other  matters  required  by  lazv  to  be 
published; 

XI.  For  the  support  of  public  schools. 

And  no  appropriation  shall  be  made  or  ordered  for  any  other  pur¬ 
pose,  except  by  a  majority  of  the  voters  of  the  town  voting  at  an 
annual  town  election. 

Council  may  appropriate  up  to  $20,000  for  opening,  etc.,  streets.  L.  1908, 
Cli.  T37- 

[ Power  to  raise  money  for  fire  hydrant  rental,  L.  1903,  Ch.  138;  for  garbage 
and  ashes  disposal,  L.  1903,  Ch.  45;  contribute  to  soldiers’  monuments,  L.  1905, 
Ch.  71 ;  and  see  note  to  Sec.  51.] 

53.  That  the  council  shall  have  power  to  provide  for  the  lighting 
of  the  streets,  avenues  and  public  places  of  the  town,  in  such  places 
as  they  in  their  judgment  may  deem  necessary. 

54.  That  the  council  shall  have  power  to  provide  for  a  supply 
of  pure  and  wholesome  water  to  the  inhabitants,  and  for  extinguish- 


26 


TOWN  ACT. 


ing  fires,  by  contract,  either  with  private  corporations  or  with  ad¬ 
joining  municipalities  owning  or  controlling  water  works;  and  the 
council  shall  have  power  to  fix  and  determine  the  terms  and  con¬ 
ditions  upon  which  private  companies  may  lay  their  mains  or  pipes 
in  the  streets  of  the  town. 

[Additional  bonds  may  be  issued;  L.  1902,  Ch.  82.  Consent  of  town  with 
designation  of  streets  where  pipes  shall  be  laid;  L.  1903,  Ch.  154.  Council  may 
extend  water  works  and  issue  bonds  not  exceeding  $5,000  per  year;  L.  1906,  Ch. 
2x6.  Consent  may  be  to  individual  incorporators  of  proposed  company.  L.  1906, 
Ch.  69.] 

55.  That  the  council  shall  have  power  to  designate  an  official 
newspaper  in  which  all  advertisements  and  notices  required  by  law 
to  be  published  shall  be  published. 

56.  That  the  council  shall  have  power  to  borrow  money  tem¬ 
porarily,  in  the  name  of  the  town,  in  anticipation  of  appropriated 
revenues,  not  exceeding  in  amount  one-half  of  such  anticipated  rev¬ 
enues.  [But  see  L.  1906,  Ch.  315,  fol'g.] 

[Town  may  borrow  for  expenses  of  commissioners  of  adjustment.  L.  1902, 
Ch.  193.] 

57.  That  the  council  shall  have  power  at  any  time  to  direct 
a  special  election  to  fill  any  vacancy  that  may  occur  in  their  own 
body. 

[May  fill  vacancies  in  all  elective  offices.  L.  1905,  Ch.  13;  see  L.  1905,  Ch.  3.] 

58.  That  the  council  may  tequire  the  owners  or  occupants  of 
any  parcel  of  land  fronting  on  any  improved  street  to  keep  the 
sidewalks,  flagging,  curbs  and  gutters  in  front  of  such  land  in  good 
repair,  and  if  in  any  case,  after  reasonable  notice,  such  repairs  be 
not  done  by  such  owner  or  occupant,  the  council  may  have  the  same 
done,  and  the  expense  thereof,  with  interest  and  costs,  may  be 
recovered  by  the  council  by  suit  in  the  name  of  the  town  against 
such  owner  as  for  so  much  money  due  for  labor  performed  and 
material  furnished  by  said  town  for  such  owner  or  occupant,  at 
his  request,  or  may  be  assessed  as  a  tax  on  such  lot,  and  shall  be 
a  lien  thereon,  and  be  collected  as  other  taxes  are  collected. 

59.  That  the  town  council  shall  appoint  three  discreet  persons, 
residents  and  freeholders  of  the  town,  to  be  commissioners  of  as¬ 
sessment,  and  who  shall  hold  their  offices  for  three  years,  except  as 
hereinafter  provided ;  the  said  commissioners  shall  make  all  assess¬ 
ments  for  improvements  of  every  kind  under  this  act ;  provided, 


TOWN  ACT. 


27 


that  if  any  of  the  said  commissioners  shall  be  interested  in  the 
matter  of  any  such  assessments,  the  council  shall  appoint  some 
discreet  and  impartial  freeholder  or  freeholders,  resident  in  said 
town,  to  act  in  regard  to  such  assessment  in  lieu  of  the  commissioner 
or  commissioners  interested  therein  as  aforesaid ;  and  every  report 
of  assessments  made  by  commissioners  of  assessment  shall  be 
accompanied  bv  the  oath  or  affirmation  of  each  commissioner 
making  the  same  that  he  is  not  interested,  directly  or  indirectly, 
in  the  matter  of  the  assessment,  and  that  he  has  performed  his 
duties  in  relation  thereto  honestly,  faithfully  and  impartially, 
to  the  best  of  his  ability,  skill  and  understanding,  which  oath  or 
affirmation  the  clerk  of  said  town  is  hereby  authorized  to  administer; 
and  the  first  commissioners  appointed  under  this  act  shall  determine 
among  themselves  by  lot  which  of  them  shall  serve  for  one,  two 
and  three  years  respectively,  and  thereafter  annually  one  com¬ 
missioner  shall  be  appointed  to  serve  for  the  full  term  of  three 
years. 

60.  That  the  council  shall  have  power  and  they  are  hereby  author¬ 
ized  by  ordinance — 

To  lay  out,  open,  straighten,  widen  and  extend  any  street,  avenue 
or  highway,  or  any  part  or  section  thereof,  and  to  take  and  appro¬ 
priate  for  such  purpose  any  necessary  lands  and  real  estate  upon 
making  compensation  to  the  owners  thereof  as  hereinafter  provided ; 
to  provide  for  grading  and  altering  the  grade  of  streets  and  avenues 
in  the  town,  and  filling,  macadamizing,  guttering,  curbing,  bridging, 
planking,  graveling,  paving  and  repairing  the  same;  to  make  and 
adopt  a  general  plan  of  sewerage  and  drainage  for  such  town  or 
any  section  thereof,  conformably  to  which  all  sewers,  drains,  receiv¬ 
ing  basins  and  all  other  appurtenances  of  public  drainage  shall  be 
made ;  to  provide  for  the  building  and  constructing  of  public  sewers 
and  drains,  and  for  taking  land  and  real  estate  for  building  the  same 
and  for  acquiring  an  outlet  for  sewers  over  and  through  lands  in 
adjoining  municipalities;  provided,  that  the  consent  of  such  adjoining 
municipality  and  of  such  other  municipality  (if  any)  as  may  in  any 
manner  be  affected  by  such  outlet  shall  be  to  that  end  first  obtained ; 
provided,  however,  that  no  ordinance  for  any  of  such  purposes  shall 
be  passed  except  in  the  manner  hereinafter  stated  and  unless  it  shall 
receive  the  votes  of  two-thirds  of  the  members  of  the  council ;  and 


28 


TOWN  ACT. 


provided  further,  that  any  such  ordinance  may  be  introduced  and 
passed  at  the  same  stated  meeting  of  the  council. 

For  power  to  institute  proceeding  by  unanimous  vote,  see  L.  1901,  Ch.  40,  as 
am’d  by  L.  1904,  Ch.  131. 

Where  a  statute  requires  the  “unanimous  vote  of  all  the  members  of  the  coun¬ 
cil”  to  pass  an  ordinance,  that  does  not  mean  the  unanimous  vote  of  a  quorum, 
or  of  all  the  members  present,  but  of  all  the  members  constituting  the  whole 
council. 

Crickenberger  v.  The  Town  of  Westfield,  71  N.  J.  L.  467. 

For  powers  re  change  of  grade  and  rights  to  damages  resulting,  see  L.  1905. 
Ch.  225,  and  L.  1906,  Ch.  178. 

Re-improvements  may  be  made  instead  of  repairs.  L.  1907,  Ch.  115;  see  also 
L.  1908,  Ch.  61. 

For  power  to  institute  proceeding  for  underground  or  storm  drain  or  culvert 
see  L.  1906,  Ch.  21.. 

61.  [As  amended  by  Lazes  of  1899,  Chapter  154.]  Streets  or 
sections  of  streets  may  be  laid  out,  opened,  straightened,  ex¬ 
tended,  widened  or  otherwise  changed,  as  to  their  boundaries,  in 
the  following  manner,  and  not  otherwise :  A  petition  in  writing 
setting  forth  the  improvement  desired,  and  that  the  signers  thereof 
are  owners  of  land  situate  within  the  town  which  shall  be  specially 
benefited  by  the  proposed  improvement,  shall  be  presented  to 
the  council  at  a  stated  meeting  thereof,  if  the  council  favors  the 
proposed  improvement,  and  if  in  its  judgment  the  petition  is  signed 
by  the  owners  of  land  situate  within  the  town  which  will  be 
specially  benefited  by  the  improvement  petitioned  for,  it  may, 
at  any  stated  meeting,  adopt  a  resolution  declaring  that  it  favors 
the  improvement  petitioned  for,  and  that  in  its  judgment  the  per¬ 
sons  signing  the  petition  are  owners  of  lands  situate  within  the 
town  which  will  be  specially  benefited  by  the  improvement  peti¬ 
tioned  for,  and  referring  it  to  the  commissioners  of  assessment, 
who  shall  proceed  thereon  in  the  manner  hereinafter  directed; 
said  resolution  shall  also  require  the  petitioners  to  deposit  with  the 
town  treasurer  such  sum  of  money  (to  be  therein  stated)  as  the 
council  shall  deem  necessary  to  cover  the  costs  and  expense  in¬ 
curred  by  the  town  if  such  an  ordinance  for  such  improvement 
shall  not  be  thereafter  adopted,  which  sum  shall  in  such  case  be 
applied  to  the  payment  of  such  costs  and  expenses,  and  the  excess, 
if  any,  shall  be  returned  to  the  person  or  persons  depositing  the 
same;  and  in  case  an  ordinance  for  such  improvement  shall  be 
thereafter  adopted  such  sum  shall  be  returned  in  full,  without 


TOWN  ACT. 


29 


interest,  to  the  person  or  persons  depositing  the  same,  and  the 
said  commissioners  of  assessment  shall  not  proceed  in  said  matter 
until  the  town  treasurer  shall  have  certified  to  them  that  the  sum 
specified  in  said  resolution  shall  have  been  deposited  with  him; 
the  commissioners  of  assessment  shall  be  assisted  in  such  manner 
as  they  shall  require  by  a  town  surveyor,  not  interested  in  the 
improvement  petitioned  for,  who  shall  be  appointed  for  that  pur¬ 
pose  by  the  town  council ;  the  said  commissioners  shall  make  or 
cause  to  be  made  a  map  or  maps  showing  all  the  lands,  real  estate 
and  improvements  to  be  taken  for  the  proposed  improvement 
and  all  the  lots  and  parcels  of  land  within  the  town  which  in  the 
judgment  of  said  commissioners  will  be  specially  benefited  thereby, 
designating  each  lot  and  parcel  on  said  map  by  a  letter  or  number ; 
said  commissioners  shall  also  ascertain,  so  far  as  practicable,  the 
name  of  the  owners  of  said  real  estate  to  be  taken  and  property 
to  be  benefited,  and  the  interest  of  each  of  the  owners  of  real 
estate  to  be  taken,  and  when  such  names  or  estates  are  not  known, 
they  shall  so  report ;  they  shall  also  appraise  the  value  of  the 
interest  of  each  known  owner  of  real  estate  to  be  taken  and  the 
damage  to  be  done  to  such  owner  by  taking  the  same ;  and  where 
the  estates  in  any  plot  of  land  are  unknown  they  shall  appraise  the 
value  of  or  the  damage  done  to  the  fee-simple;  said  commissioners 
shall  also  estimate  all  other  expenses  likely,  in  their  judgment, 
to  attend  the  completion  of  the  improvement;  said  commissioners 
shall  also  estimate  the  amount  likely  to  be  realized  from  the  sale 
of  any  buildings,  or  parts  of  buildings,  required  to  be  taken  on  ac¬ 
count  of  said  improvement,  and  shall  also  determine  the  probable 
net  cost  of  making  the  improvement;  this  probable  net  cost  they 
shall  then  assess  upon  the  land  to  be  specially  benefited,  in  pro¬ 
portion  to  the  benefit  to  be  received ;  thereupon  they  shall,  under 
their  hands,  make  a  report  of  the  facts  ascertained  and  of  the 
appraisements,  estimates,  determination  and  assessments  made  by 
them  concerning  said  improvement,  and  shall  present  such  report 
and  their  map  to  the  council  at  a  stated  meeting  thereof, 
which  body  shall  then  or  at  a  stated  meeting  to  be  held  there¬ 
after,  fix  a  time  and  place  when  and  where- it  will  meet  to  consider 
all  objections  in  writing  to  said  report  or  to  the  proposed  improve¬ 
ment,  shall  cause  a  notice  of  the  filing  of  said  map  and  report  to 
be  printed  in  the  official  newspaper  in  the  town,  or,  if  there  be 


30 


TOWN  ACT. 


none,  in  a  newspaper  published  in  the  county  and  circulating 
in  the  town,  for  two  weeks  successively  next  preceding  the  said 
time  fixed  by  the  council,  at  least  once  in  each  week,  which  notice 
shall  contain  a  general  description  of  the  improvement  intended, 
of  the  land  to  be  taken,  and  of  the  land  to  be  assessed  therefor, 
and  shall  state  the  time  and  place  when  and  where  the  council 
will  meet  to  hear  and  consider  any  objections  to  said  report  or  to 
the  improvement,  which  may  be  presented  in  writing;  said  clerk 
shall  also  post  copies  of  such  notice  in  five  public  places  of  the 
town  at  least  ten  days  prior  to  the  said  time  fixed  by  the  council 
for  the  hearing  of  objections,  and  shall  also,  at  least  five  days 
prior  to  said  time,  serve  a  copy  of  such  notice  upon  resident  owners 
of  real  estate  affected  thereby,  but  the  omission  of  the  clerk  to 
serve  such  notice  shall  not  invalidate  any  of  said  proceedings; 
and  all  objections  at  such  time  and  place  presented  in  writing, 
the  council  shall  consider  and  adjudicate  upon,  and  the  council 
may  alter,  amend,  adjust,  increase  or  diminish  any  award  without 
further  or  other  notice  to  the  person  or  persons  interested  therein ; 
provided,  however,  that  no  resolution,  altering,  amending,  adjusting, 
increasing  or  diminishing  any  award  or  awards  shall  be  passed  or 
adopted  except  by  or  upon  the  affirmative  votes  of  at  least  two- 
thirds  of  all  the  members  of  the  council,  nor  shall  any  such  reso¬ 
lution  be  passed  or  adopted  at  any  other  than  a  stated  meeting; 
if  the  said  council  shall  then  determine  to  make  said  improvement, 
notwithstanding  any  objections  to  the  same,  the  said  council 
shall  confirm  said  awards,  as  altered,  amended,  adjusted,  increased 
or  diminished,  and  pass  an  ordinance  ordering  said  improvement 
to  be  made  and  completed  in  such  manner  as  said  council  may 
direct,  under  the  supervision  of  said  commissioners  of  assessments; 
provided  the  said  council  shall  not  proceed  to  make  any  such  im¬ 
provement  if  the  owners  of  the  property  subject  to  more  than  two- 
thirds  of  the  assessment  for  the  improvement  shall  remonstrate 
against  the  same  being  made ;  the  said  council  shall  also  pass  a 
resolution  directing  the  several  sums  awarded  to  be  paid  to  the 
persons  to  whom  the  awards  are  made  for  real  estate  taken  and 
damages  sustained  in  making  said  improvement,  and  upon  the 
passage  of  such  resolution  the  fee-simple  of  said  real  estate  to  be 
taken  shall  be  vested  in  the  town ;  provided,  that  where  the  com¬ 
missioners  shall  have  reported  the  name  or  estates  of  the  owners 


TOWN  ACT. 


31 


of  any  plot  as  unknown  the  said  resolution  shall  direct  the  sum  of 
the  award  on  account  of  such  plot  to  be  paid  to  the  owners  thereof, 
when  and  as  their  interest  may  appear,  and  any  such  owner  or 
person  interested  in  said  land  may,  by  bill  in  chancery,  according 
to  the  practice  of  that  court,  have  the  said  sum  distributed  or  in 
whole  or  in  part  paid  over  to  him  as  law  and  justice  may  require, 
after  the  completion  of  said  improvement,  the  said  commissioners 
shall  ascertain  and  determine  the  actual  net  cost  thereof,  and  shall 
assess,  as  hereinafter  provided,  such  actual  net  cost  upon  the 
lands  especially  benefited  in  proportion  to  the  benefits  received. 

[For  procedure  to  vacate  streets,  parks  and  public  places  by  vote  of  the  people, 
see  following:  L.  1904,  Ch.  205:  Streets  (1)  not  opened,  graded  or  improved,  or 
(2)  not  used  as  a  public  thoroughfare  for  2  years,  may  be  vacated  on  petition  by 
ordinance  by  two-thirds  vote  of  council.  L-  1906,  Ch.  254.  Any  street,  alley  or 
public  place  dedicated  by  owner  and  not  accepted  by  town  may  be  vacated  by 
council  on  petition  of  owners  of  all  lands  fronting  thereon.  L.  1907,  Ch.  22.] 

62.  That  whenever,  by  the  report  and  map  of  the  said  commis¬ 
sioners,  corrected  as  aforesaid,  it  shall  appear  that  an  award  has 
been  made  to  any  person  for  property  taken  or  damages  sustained, 
and  that  such  person  is  also  assessed  for  benefits  received  on 
account  of  the  same  improvement,  then  if  the  assessment  equal  or 
exceed  the  award,  no  payment  shall  be  made  on  account  of  such 
award;  and  if  the  award  exceed  the  assessment,  only  so  much  of 
the  award  as  is  in  excess  shall  be  paid,  and  the  resolution  of  the 
council  ordering  the  awards  to  be  paid  shall  be  framed  accordingly; 
and  when  the  amount  to  be  assessed  shall  be  finally  determined 
such  amount  shall  be  set  off  against  the  amount  of  the  award 
unpaid;  and  if  the  amount  of  the  award  unpaid  be  in  excess,  the 
assessment  shall  be  canceled,  and  such  excess  only  shall  be  paid  to 
the  person  to  whom  the  award  is  made;  and  if  the  amount  of  the 
assessment  be  in  excess,  the  award  unpaid  shall  be  canceled,  and 
such  excess  only  shall  be  a  lien  upon  the  property  assessed ;  the 
rest  of  the  award  or  assessment,  as  the  case  may  be,  being  also 
canceled. 

63.  That  whenever  any  person  who  shall  have  presented  ob¬ 
jections  as  aforesaid  to  an  award,  shall  be  dissatisfied  with  the 
determination  of  the  council,  thereupon  such  person  may  com¬ 
mence  an  action  on  contract  against  the  said  town  in  the  circuit 
court  of  the  county,  or  in  the  supreme  court  of  this  state  ( pro¬ 
vided, ,  that  the  trial  shall  be  had  in  the  county  in  which  such  town 
is  located),  which  action  shall  proceed  in  all  things  as  if  such  town 


32 


TOWN  ACT. 


had,  upon  taking  the  real  estate  required  for  the  said  improve¬ 
ment,  agreed  in  writing  to  pay  therefor  the  value  thereof  and  the 
damage  done  by  taking  the  same;  and  if  in  said  action  the  plaintiff 
shall  recover  more  than  the  amount  awarded  as  aforesaid,  he  shall 
recover  his  taxable  costs  according  to  law;  and  if  he  shall  not 
recover  more  than  the  amount  awarded,  then  the  defendant  shall 
recover  his  taxable  costs  against  the  plaintiff,  and  shall  be  en¬ 
titled  to  have  them  deducted  from  the  amount  recovered  by  the 
plaintiff,  and  execution  shall  issue  only  for  the  balance,  the  as¬ 
sessment  (if  any)  against  the  plaintiff  being  also  deducted  from 
the  amount  of  the  judgment;  provided,  always,  that  no  such  action 
shall  be  brought  by  any  person  who  may  have  received  payment 
of  the  amount  awarded,  nor  unless  notice  that  such  action  will  be 
brought  be  filed  with  the  clerk  of  said  council  within  sixty  days  after 
the  confirmation  of  the  award,  nor  unless  such  action  be  commenced 
within  six  months  after  such  confirmation ;  provided,  further,  that 
the  judge  of  the  said  circuit  court  may,  upon  petition  for  good 
cause  shown,  and  upon  such  terms  as  he  may  direct,  dispense  with 
either  or  all  of  the  provisions  in  the  last  proviso  contained. 

64.  [As  ant’d  by  L.  1906,  Ch.  180.]  Any  street  or  section  of  a 
street  may  be  graded,  flagged,  macadamized,  paved,  curbed,  guttered, 
or  have  a  sidewalk  of  any  material  constructed  thereon,  or  be  other¬ 
wise  improved ,  as  hereinbefore  provided,  in  the  following  manner, 
namely,  on  the  petition  in  writing  to  the  council  by  the  ozuners  of 
one-sixth  of  the  lands  fronting  on  the  street  or  section  of  street 
proposed  to  be  improved,  or  upon  like  petition  of  ten  freeholders,  the 
council  shall,  by  .resolution,  direct  the  town  clerk  to  advertise  such 
application  or  petition  and  the  notice  hereinafter  provided  for,  for  at 
least  two  weeks,  one  in  each  week  successively,  in  the  official  paper  of 
the  town,  or  if  there  be  none,  in  one  or  more  newspapers  published 
in  the  county  and  circulating  in  the  town,  and  to  post  copies  of  the 
said  petition  and  notice  in  five  public  places  in  the  town,  designated 
by  the  council,  at  least  ten  days  prior  to  the  time  fixed  for  the  hearing 
of  objections  to  such  improvement ;  the  clerk  shall  also  publish  and 
post  as  aforesaid,  zuith  the  petition,  a  notice  signed  by  him,  stating 
thaj  objections  in  writing  to  said  proposed  improvement  shall  be  tiled 
zvith  him  and  designating  the  time  and  place  zv hen  and  where  the 
tozvn  council  zvill  meet  to  consider  such  objections,  which  time  shall 
not  be  less  than  ten  days  after  the  date  of  the  first  publication  of  such 


i 


i-O 


TOWN  ACT. 


33 


petition  and  notice  as  aforesaid;  and  the  said  clerk  shall  also  serve 
like  notice  on  the  owners  of  property  residing  along  the  street  or 
section  of  street  so  proposed  to  be  improved,  at  least  five  days  before 
the  time  designated  in  said  notice;  provided,  however,  that,  no  assess¬ 
ment  shall  be  set  aside  or  affected  by  reason  of  the  failure  of  said 
clerk  to  serve  such  notice;  and  at  or  before  the  time  named  in  such 
notice  the  said  clerk  shall  file  in  his  office  affidavits  showing  that  such 
petition  and  notice  have  been  published  and  posted  as  herein  required; 
at  the  time  named  in  such  notice  the  council  shall  proceed  to  consider 
such  objections  as  shall  have  been  presented,  and  if  it  appear  that 
the  owners  of  one-half  of  the  land  fronting  on  such  proposed  improve¬ 
ment  have  objected  thereto,  such  improvement  shall  not  be  made  and 
all  costs  and  expenses  incurred  in  such  proceedings  shall  be  paid  by 
the  petitioners,  to  secure  which  the  council  shall  in  all  cases  require 
a  deposit  of  fifty  dollars  before  receiving  any  petition;  and  the  council 
may,  in  its  discretion,  determine  not  to  make  such  improvement,  in 
zvhich  case  the  deposit  made  by  the  petitioner  or  petitioners,  less  any 
expense  that  may  have  been  incurred,  shall  be  returned  to  him  or 
them;  and  the  defeat  of  any  ordinance  for  such  improvements,  intro¬ 
duced  before  the  council,  shall  be  conclusive  as  to  the  determination 
of  the  council  not  to  make  such  improvement;  at  any  time  after  the 
time  named  in  said  notice  for  objections,  the  council  may  proceed  to 
pass  an  ordinance  for  such  improvement,  and  such  ordinance  shall  be 
valid  if  it  describes  in  general  language  the  improvement  required  to 
be  made  and  done,  and  it  shall  not  be  necessary  to  state  therein  any 
other  matter  or  thing  connected  with  said  improvement;  the  town 
clerk  shall  publish  and  post  such  ordinance  in  the  same  manner  and 
for  the  same  tune  he  is  required  to  publish  and  post  the  petition  for 
the  improvement  described  therein;  and  he  shall  file  in  his  office  an 
affidavit  shozving  that  such  ordinance  has  been  duly  published  and 
posted;  at  any  time  after  the  passage  of  such  ordinance  the  council 
may  require  the  clerk  to  advertise  for  proposals  for  doing  the  work 
of  and  furnishing  the  materials  necessary  for  such  improvement  in 
the  official  paper  of  the  tozvn,  and  in  such  other  newspapers  as  shall 
be  designated  by  the  council,  which  proposals  shall  be  presented  in 
such  form  and  manner  and  under  such  regulations  as  the  council  shall 
prescribe;  upon  the  coming  in  of  such  proposals  the  council  may  enter 
into  contract  with  the  lozvest  responsible  bidders  on  the  terms  of  their 
proposals;  provided,  however,  that  the  council  may  reject  all  bids  if 


34 


TOWN  ACT. 


they  deem  it  for  the  interest  of  the  tozvn  so  to  do,  in  which  case 
they  shall  again  advertise  for  proposals  and  shall  proceed  in  all  things 
as  if  no  proposal  had  been  offered;  and  the  council  shall  require  the 
person  or  persons  so  entering  into  contract  with  the  town  to  give 
bonds  with' ample  freehold  security  for  the  due  performance  thereof. 

Assessments  may  be  laid  afterwards  upon  lands  not  originally  specially  bene¬ 
fited.  L.  1907,  Ch.  129. 

Council  may  institute  a  proceeding  by  unanimous  vote  in  lieu  of  petition  called 
for  by  Sec.  64,  but  ordinance  for  the  improvement  must  also  receive  unanimouj 
vote.  L.  1904,  Ch.  131. 

65.  That  sewers  may  be  built  and  constructed  in  any  of  the 
streets  of  the  town  under  the  control  of  the  town  authorities  on  the 
petition  of  owners  of  one-sixth  of  the  lands  adjoining  the  proposed 
route  of  the  sewer;  and  the  proceedings,  after  receiving  such 
petition,  shall  be  in  all  respects  the  same  as  are  hereinbefore  set 
forth  for  flagging  and  grading  of  streets,  and  all  the  provisions  of 
this  act  relating  to  flagging  and  grading  of  streets  shall  be  applicable 
to  proceedings  for  the  construction  of  sewers,  except  as  modified  in 
and  by  this  section. 

See  L.  1906,  Ch.  21. 

66.  That  the  council  may  appoint  an  inspector  over  the  work 
and  materials  on  any  sewer  or  street  improvement  and  may  fix  his 
compensation ;  the  amount  of  such  compensation  shall  be  included 
in  and  form  part  of  the  cost  of  the  improvement. 

el.  That  before  the  council  accept  any  work  on  any  sewer  or 
street  improvement,  or  any  final  payment  be  made  to  the  con¬ 
tractor,  the  council  shall  publish  as  aforesaid  a  notice  stating 
when  the  council  shall  meet  to  receive  and  consider  objections  in 
writing  to  the  work  and  materials  done  and  used  in  such  improve¬ 
ment,  and  if  any  such  objections  shall  appear  to  be  well  founded, 
the  council  shall  take  such  action  thereon  as  in  their  judgment  the 
interests  of  the  town  shall  require. 

68.  That  where  it  shall  be  necessary  in  the  construction  of  any 
public  sewer  to  take  or  use  private  property  for  that  purpose 
the  council  shall  have  power  to  provide,  in  the  ordinance  for  the 
building  or  constructing  of  any  such  sewer,  for  the  taking  of  such 
private  property  as  is  necessary;  for  that  purpose  the  damages 
and  awards  to  be  made  for  lands  so  taken  shall  be  determined 
and  made  by  the  commissioners  of  assessment,  who  shall  report  the 


TOWN  ACT. 


35 


same  to  the  council,  and  thereafter  the  proceedings  shall  be  the 
same  in  all  respects  as  are  hereinbefore  provided  for  opening  of 
streets. 

Council  may  compel  house  connection  with  sewers  and  assess  cost  against 
property.  L.  1908,  Ch.  261. 

69.  That  where  any  town  shall  be  so  situated  that  it  shall  have 
no  immediate  outlet  for  sewerage  except  through  adjoining  munici¬ 
palities  or  by  connections  with  sewers  existing  or  contemplated 
to  be  built  in  adjoining  municipalities,  it  shall  be  lawful  for  the 
town  council  of  the  town  and  the  governing  body  of  such  adjoining 
municipality  to  enter  into  contract  for  the  payment  of  a  sum 
in  gross  by  such  town  for  the  right  to  connect  with  any  sewer 
or  sewers  in  such  adjoining  municipality,  and  the  amount  of  such 
contract  price  shall  be  included  in  the  costs  of  making  the  sewer 
in  and  through  such  town  which  it  is  proposed  so  to  connect  with 
the  sewer  in  the  adjoining  municipality  and  shall  be  assessed  in  the 
manner  hereinafter  directed  as  if  such  contract  price  were  a  portion 
of  the  cost  of  wholly  constructing  the  sewer  within  the  territorial 
limits  of  the  town. 

70.  That  the  council  shall  have  power  to  issue  improvement  cer¬ 
tificates,  payable  within  one  year  or  less  with  interest,  to  the  amount 
of  eighty  per  centum  of  the  work  done  on  any  street,  sewer  or 
other  public  improvement  when  certified  as  correct  by  the  engineer 
in  charge  of  the  work;  and  when  the  contract  is  fully  completed 
and  the  work  is  accepted,  the  town  council  may  issue  a  certificate 
for  an  additional  fifteen  per  centum  of  said  work  done,  and  in  not 
less  than  three  nor  more  than  six  months  after  the  date  of  the 
acceptance  of  the  work  may  issue  a  final  certificate  for  the  balance 
due,  unless  some  errors  or  defects  in  the  work  shall  have  appeared, 
in  which  case  the  certificate  shall  be  withheld  until  the  defect  or 
errors  are  rectified  to  the  satisfaction  of  the  council. 

71.  That  the  cost  and  expense  of  widening,  opening  or  extend¬ 
ing  any  street,  and  after  the  completion  thereof  the  whole  cost  of 
any  street,  sewer  or  other  public  improvement,  shall  be  ascertained 
and  determined  by  the  commissioners  of  assessment,  and  such  cost 
and  expense  shall,  so  far  as  the  same  can  be,  be  assessed  upon  the 
land  and  real  estate  specially  benefited  by  the  improvement,  in  pro¬ 
portion  to  the  benefit  received ;  and  no  lot  or  parcel  of  land  shall 
be  assessed  more  than  it  is  so  specially  benefited;  and  if  the  total 


36 


TOWN  ACT. 


cost  of  any  improvement  shall  exceed  the  aggregate  assessable 
special  benefits,  the  excess  shall  be  borne  and  paid  by  the  town  at 
large;  the  commissioners  shall  file  their  report  with  the  town  clerk, 
which  shall  be  accompanied  by  a  map  showing  what  lots  and  parcels 
of  land  are  specially  benefited  by  the  improvement,  the  amount 
assessed  as  special  benefits  upon  each  lot  or  parcel  of  land,  and  the 
names  of  the  owners  of  the  several  lots  and  parcels  of  land  assessed, 
so  far  as  the  commissioners  can  ascertain  the  same,  and  the  amount, 
if  any,  of  the  excess  of  the  cost  of  the  improvement  over  the  ag¬ 
gregate  assessable  special  benefits;  but  no  assessment  shall  be 
deemed  defective  by  reason  of  any  mistake  in  the  names  of  the 
owners  of  lands  assessed,  or  omitting  the  said  names  or  any  of  them; 
the  clerk  shall  publish  and  post  notices  in  the  same  way  and  manner 
hereinbefore  prescribed  for  publishing  and  posting  the  petition  for 
the  improvement  and  its  accompanying  notice,  stating  that  the  map 
and  report  of  the  commissioners  have  been  filed  in  his  office,  and 
that  the  council  will  consider  any  objections  to  such  report,  map 
and  assessment  presented  in  writing  on  or  before  a  day  named  in 
such  notice  to  be  fixed  by  the  town  council,  which  day  shall  be 
at  least  ten  days  after  the  first  publication  of  such  notices ;  after 
considering  such  report,  map  and  assessment,  and  such  objections 
as  may  have  been  presented  against  the  same,  the  said  council  may 
confirm  the  said  report,  map  and  assessment,  or  if  deemed  necessary 
may  return  the  same  to  the  commissioners  for  revision  and  correction, 
who  shall  return  the  same  corrected  and  revised  without  unnecessary 
delay;  and  thereafter  the  council  may,  without  further  notice,  confirm 
the  said  report,  assessment  and  map. 

72.  That  no  certiorari,  injunction  or  other  writ  or  process  shall 
be  allowed  or  granted  to  set  aside  any  ordinance  for  any  improve¬ 
ment  after  the  contract  therefor  shall  have  been  awarded  by  the 
council  of  the  town;  and  no  certiorari,  injunction  or  other  writ  or 
process  shall  be  allowed  or  granted  to  set  aside  any  assessment  made 
for  any  sewer  or  street  improvement  of  any  kind  after  thirty  days 
shall  have  elapsed  from  the  date  of  the  confirmation  of  such  assess¬ 
ment  by  the  council  of  such  town. 

On  certiorari  the  court  shall  determine  questions  of  fact  as  well  as  of  law. 
Depositions  may  be  taken.  Inadvertent  omissions  in  return  may  be  supplied. 
Where  assessment  set  aside,  court  may  fix  true  assessment.  L.  1903,  Ch.  174. 
Secs.  11-13. 

The  genera]  act  relating  to  boroughs  (Pamph.  L.  1897,  p.  285)  provides  a  com- 


TOWN  ACT. 


37 


plete  scheme  for  the  government  of  boroughs  and  supersedes  special  charters. 

Boroughs  no  longer  have  the  power  to  license  inns  and  taverns,  although  that 
power  may  have  been  given  them  by  their  special  charters. 

Smith  v.  The  Borough  of  Hightstown,  71  N.  J.  L.  276. 

If  a  bond  be  required  by  law  to  be  given  on  the  allowance  of  a  certiorari  for 
the  protection  of  the  defendant  in  certiorari  in  case  the  proceedings  below  be 
affirmed,  the  court  may,  in  its  discretion,  deny  an  application,  presented  on  final 
hearing,  for  the  dismissal  of  the  writ  because  such  a  bond  was  not  given. 

Whatever  the  style  of  action,  a  summary  conviction  by  an  inferior  magistrate 
on  a  penal  statute  or  ordinance  cannot  be  supported,  unless  a  record  thereof  be 
made  showing  all  the  requisites  of  a  legal  trial  and  conviction. 

City  of  Orange  v.  McGonnell,  71  N.  J.  L.  418. 

A  municipal  ordinance  directing  that  a  street  be  paved  and  the  cost  assessed 
upon  property  benefited  is  a  judicial  act,  and  it  is  essential  to  its  validity  that 
notice  be  given  and  an  opportunity  for  hearing  afforded  to  property  owners  liable 
to  be  affected  thereby,  although  the  city  charter  does  not  expressly  require  such 
notice. 

A  notice  of  hearing  before  commissioners  to  assess  benefits  after  the  completion 
of  the  improvement  does  not  suffice. 

Sears  v.  Atlantic  City,  72  N.  J.  L.  435. 

Cn  cases  of  certiorari,  in  which  the  Supreme  Court  is  empowered  to  determine 
disputed  questions  of  fact  as  well  as  of  law,  under  the  provisions  of  section  11 
of  the  revised  Certiorari  act  of  1903,  the  adjudication  of.  that  court  on  questions 
of  fact  is  final,  and  not  open  to  review  on  writ,  of  error,  if  there  appear  facts  on 
which  its  conclusion  could  be  based. 

The  Yellow  Pine  Co.  v.  The  State  Board  of  Assessors,  72  N.  J.  L.  182. 

The  state  board  of  assessors  have  no  authority  to  assess  a  franchise  tax  upon 
a  corporation,  which  neglects  or  refuses  to  make  the  return  required  by  statute, 
in  excess  of  the  capital  stock  of  such  corporation  actually  issued  and  outstand¬ 
ing.  They  can  only  tax  that  which  by  law  is  taxable. 

In  making  the  assessment  of  the  annual  license  fee  or  franchise  tax  upon  a 
corporation  which  has  neglected  or  refused  to  make  return  within  the  time 
required  by  law,  the  state  board  of  assessors  is  a  special  statutory  tribunal,  and 
its  proceedings  are  subject  to  review  under  the  certiorari  power  of  this  court, 
and  upon  such  review  the  court  may  determine  disputed  questions  of  fact. 

Trenton  Heat  and  Power  Co.  v.  State  Board  of  Assessors,  73  N. 

J-  L.  370. 

Upon  a  review  by  certiorari  of  an  assessment  for  benefits  conferred  by  a 
street  improvement  in  the  town  of  Boonton,  it  appearing  that  the  report  of  the 
board  of  assessments  to  the  common  council  was  defective  in  certain  particulars, 
and  it  being  doubtful  whether  amendments  of  the  report  made  by  the  council 
to  cure  such  defects  were  within  the  powers  conferred  upon  the  council  by  the 
town  charter  IPamphl.  L.  1872,  p.  812,  Sec.  12) — Held,  that  before  determining 
the  cause  a  rule  should  be  granted  under  the  Certiorari  act  (Pamphl.  L.  1903, 


38 


TOWN  ACT. 


p.  346,  Sec.  12)  requiring  the  board  of  assessors  to  make  certificate  to  the  court 
concerning  such  essential  matters  as  were  omitted  from  their  report  to  the 
council. 

Burnett  v.  The  Mayor  and  Common  Council  of  the  Town  of  Boon- 
ton,  73  N.  J.  L.  453- 

73.  That  the  council  shall  have  the  power  to  issue  bonds  payable 
in  not  exceeding  ten  years,  and  bearing  interest  at  not  exceeding 
six  per  centum  per  annum,  to  raise  moneys  to  pay  for  lands  taken 
for  opening  or  extending  or  widening  streets,  constructing  roads 
or  building  sewers,  or  for  the  redemption  of  improvement  certifi¬ 
cates  issued  under  this  act,  or  to  pay  any  judgment  recovered  against 
the  town,  and  the  council  may  likewise  issue  bonds  to  run  not  ex¬ 
ceeding  ten  years,  and  bearing  interest  at  not  exceeding  six  per 
centum  per  annum,  as  above,  to  renew  such  part  of  the  bonded  debt 
of  the  municipality  of  which  the  town  is  the  successor  which  may 
become  due  and  payable,  and  for  the  payment  of  which  no  provisions 
shall  have  been  made. 

74.  [Repealed  by  L.  1905,  Ch.  178,  fol’g:] 

1.  The  fiscal  year  of  all  towns ,  tozimships,  boroughs,  villages  and 
other  municipalities,  excepting  first  and  second  class  cities,  shall  begin 
on  the  first  day  of  January  of  each  year  and  shall  terminate  on  the 
thirty-first  day  of  December  of  the  same  year. 

2.  It  shall  be  the  duty  of  the  governing  body  of  all  tozuns,  town¬ 
ships,  boroughs,  villages  and  other  municipalities,  excepting  first  and 
second  class  cities,  to  make  and  file  their  various  financial  reports  on 
the  thirty-first  day  of  December  of  each  year. 

75.  That  all  moneys  received  on  redemption  of  lands  from  sales 
for  unpaid  taxes,  and  for  or  on  account  of  arrears  of  taxes,  shall  be 
apportioned  to  and  among  the  several  appropriations  for  which 
such  taxes  were  raised,  except  that  the  costs  of  sale  and  redemption 
fee  shall  be  paid  into  the  incidental  fund,  and  all  moneys  received 
on  redemptions  of  lands  from  sales  for  unpaid  assessments  shall  be 
paid  into  the  sinking  fund,  excepting  costs  of  sales,  which  shall  be 
returned  to  the  incidental  fund ;  all  unexpended  balances  remaining 
at  the  close  of  any  fiscal  year  shall  be  appropriated  or  transferred 
or  otherwise  disposed  of  as  the  council  in  its  judgment  shall  deem 
proper. 

76.  That  there  shall  be  annually  raised  by  taxation  a  sum  suf¬ 
ficient  to  pay  all  interest  accruing  on  the  bonded  debt  during  the 


TOWN  ACT. 


39 


fiscal  year,  and  also  at  least  three  and  one-third  per  centum  of  the 
principal  of  such  bonded  debt,  excluding  therefrom  bonds  issued  for 
street  improvements,  which  shall  be  paid  into  the  sinking  fund. 

77.  That  all  moneys  received  for  licenses,  and  all  other  moneys 
received  and  not  specifically  appropriated,  shall  be  paid  into  the 
incidental  fund. 

[Council  may  by  resolution  authorize  board  of  health  to  collect  fees  for  dog 
licenses;  in  which  case  one-half  will  go  to  use  of  board  of  health  and  one-ihalf 
to  county  society  for  prevention  of  cruelty  to  animals.  L.  1902,  Ch.  22.] 

78.  That  all  taxes  and  assessments  in  such  town  shall  bear  interest 
at  the  rate  of  seven  per  centum  per  annum  from  the  time  the  same 
became  due  and  payable. 

79.  [ Repealed  by  “Act  for  the  assessment  and  collection  of  taxes,” 

L.  1903,  Ch.  208.] 

If  the  tract  of  land  on  which  are  erected  the  buildings  of  a  corporation  used 
exclusively  for  charitable  purposes  be  devoted  to  the  same  charitable  purposes, 
it  is  exempt  from  taxation  by  force  of  section  3,  subdivision  4,  of  “An  act  for 
the  assessment  and  collection  of  taxes  (Pamph.  L.  1903,  p.  375),  as  construed 
by  the  Court  of  Errors  and  Appeals  in  Sisters  of  Charity  v.  Chatham,  23 
Vroom,  373. 

The  Sisters  of  Charity  of  St.  Elizabeth  v.  Thompson,  72  N.  J.  L.  426. 

Under  the  “Act  relating  to  certain  illegal  borough  governments,  requiring  the 
payment  of  their  debts”  (Pamph.  L.  1899,  p.  534),  and  the  general  “Act  for  the 
assessment  and  collection  of  taxes”  (Pamph.  L.  1903,  p.  394,  Secs.  19,  25),  when 
the  assessor  of  the  borough  has  made  an  assessment  of  taxes  for  the  purpose  of 
satisfying  a  judgment  against  the  borough,  and  has  submitted  his  assessment 
list  and  a  duplicate  thereof  to  the  borough  council,  it  is  the  duty  of  the  council 
to  examine  and  revise  the  assessment  list  and  duplicate,  to  make  such  corrections 
therein  as  may  be  found  necessary,  and  to  return  the  corrected  duplicate  to  the 
assessor. 

Performance  of  this  duty  will  be  enforced  by  mandamus. 

Cooper  v.  The  Mayor  and  Council  of  the  Borough  of  Cape  May 
Point,  72  N.  J.  L.  164. 

The  act  of  1900  for  the  taxation  of  franchises  of  persons  and  corporations 
using  public  streets  (Pamph.  L.,  p.  502)  is  constitutional. 

The  franchise  tax  imposed  by  the  act  of  1900  is  in  the  nature  of  ajicense  tax, 
and  not  a  tax  upon  property. 

The  franchises  to  use  or  occupy  public  streets  which  are  subject  to  a  franchise 
tax  under  the  act  of  1900  are  not  subject  to  a  property  tax  under  the  General 
Tax  act  of  1903.  Pamph.  L.,  p.  394. 

The  clause  of  paragraph  4,  section  3,  of  the  General  Tax  law  of  1903,  which 
declares  that  “all  buildings  used  exclusively  for  purposes  considered  charitable 
under  the  common  law,  with  the  land  whereon  the  same  are  erected,  and  which 
may  be  necessary  for  the  fair  enjoyment  thereof”  shall  be  exempt  from  taxation, 


40 


TOWN  ACT. 


contains  within  itself  a  double  limitation  with  relation  to  the  amount  of  land 
to  be  embraced  within  its  provisions — first,  the  exemption  is  limited  to  the  iden¬ 
tical  tract  upon  which  the  building  is  erected,  and  second,  it  is  limited  to  so 
much  of  that  particular  tract  as  is  necessary  for  the  fair  enjoyment  of  the 
building. 

The  Sisters  of  Charity  of  St.  Elizabeth  v.  Thompson,  73  N.  J.  L.  699. 

The  personal  property  of  cemetery  associations,  consisting  of  horses,  hearses, 
carriages,  agricultural  implements,  tools  and  other  articles  used  exclusively  in 
and  about  their  cemeteries  and  for  burials  in  their  cemeteries,  are  subject  to 
taxation. 

Rosedale  Cemetery  Asso.  v.  Township  of  Linden,  73  N.  J.  L.  421. 

An  application  for  allowance  of  a  certiorari  to  review  an  assessment  of  taxes 
on  the  ground  of  irregularities  in  the  procedure  of  city  council  in  revising  the 
duplicate  denied,  there  being  nothing  to  show  that  the  applicant  or  his  property 
was  not  liable  to  taxation  in  respect  to  the  purposes  for  which  the  taxes  in 
question  were  assessed,  nor  that  his  property  was  assessed  at  more  than  its 
fair  value. 

Flaherty  v.  Atlantic  City,  73  N.  J.  L.  458. 

[Assessments  for  improvements  upon  lands  are  payable  in  ten  equal  annual 
instalments.  L.  1903,  Ch.  206.] 

80.  That  the  board  of  assessors  [as  ant’d  by  L.  1899,  Ch.  107] 
shall  levy  a  tax  upon  every  person  who  owns  or  has  the  care  of  any 
dog,  male  or  female,  as  follows :  one  dollar  for  each  male  dog,  and 
three  dollars  for  every  female  dog,  in  lieu  of  the  state  law,  which 
tax  shall  be  appropriated  to  the  support  of  the  school. 

81.  That  the  board  of  assessors  shall  complete  their  assessment 
and  present  their  books  to  the  council  for  examination  by  the  third 
Monday  in  September  annually,  and  the  council  shall  complete  their 
examination  of  the  same  by  the  first  Monday  in  October;  immediately 
thereafter  the  collector  shall  give  notice  as  required  by  section  ten 
of  the  tax  act,  and  within  thirty  days  thereafter  the  collector  shall 
make  the  demand  and  give  the  notice  as  required  by  section  eleven 
of  the  tax  act,  and  the  day  fixed  by  him  for  the  payment  thereof 
shall  not  be  later  than  December  twentieth. 

82.  [Repealed  by  school  law  of  1903.] 

83.  That  all  general  laws  and  statutes  of  this  state  heretofore 
passed  relating  to  incorporated  towns  shall  be  and  they  are  hereby 
made  applicable  to  any  town  formed  or  created  under  this  act,  except 
in  so  far  as  the  same  may  be  inconsistent  with  or  repugnant  to  the 
provisions  of  this  act. 

84.  [As  ant’d  by  Lazos  of  1901,  Chapter  115.]  All  proceed¬ 
ings  for  opening,  widening,  extending,  grading,  regulating  and  other- 


TOWN  ACT. 


41 


wise  improving  streets  and  avenues,  and  for  the  construction  of  a 
system  of  sewerage  or  drainage,  or  both,  and  the  making  and 
collecting  of  assessments  for  benefits  conferred  by  said  improve¬ 
ments  which  may  be  pending  and  remain  unfinished  and  incomplete 
at  the  time  of  the  incorporation  under  or  adoption  of  this  act  by 
any  town  or  township,  shall  be  proceeded  with  and  completed  and 
said  assessments  made  and  collected  under  the  laws  in  force  at 
the  time  such  proceedings  were  commenced  and  as  if  such  town  or 
township  had  not  become  incorporated  under  this  act,  and  the 
governing  body  of  a  town  incorporated  under  this  act  shall  take  all 
proceedings  authorized  to  be  taken  by  the  governing  body  of  the 
pre-existing  town  or  township,  and  where  the  governing  body  of 
the  pre-existing  town  or  township  had  authority  under  the  laws  in 
force  at  the  time  such  proceedings  were  commenced,  to  issue  bonds 
for  the  cost  of  said  improvements  or  any  part  thereof,  the  govern¬ 
ing  body  of  the  town  incorporated  under  this  act  shall  have  like 
authority  to  issue  like  bonds  and  like  authority  to  provide  for  the 
payment  thereof,  and  said  bonds  shall  be  executed  under  the  cor¬ 
porate  seal  of  said  town,  signed  by  the  mayor  of  said  town  and  coun¬ 
tersigned  by  the  clerk  thereof. 

85.  That  every  town  government  heretofore  established,  formed 
under  and  in  accordance  with  the  provisions  of  the  acts  of  the  legis¬ 
lature  of  this  state  for  the  formation  and  government  of  towns, 
which  has  been  in  fact  constituted,  formed  and  organized  substan¬ 
tially  in  the  manner  directed  by  this  act,  containing  within  its 
limits  and  jurisdiction  the  population  herein  required,  whether  the 
authority  to  form  such  government  has  been  lawfully  conferred  or 
not,  shall  be  deemed,  held  and  taken  to  be  a  town  government  cre¬ 
ated  under  the  provisions  of  this  act ;  and  each  and  every  such  gov¬ 
ernment  is  hereby  constituted  and  made  a  town  government,  as  fully 
to  all  intents  and  purposes  as  if  the  proceeding  for  the  formation  of 
the  same  had  been  instituted  and  the  said  governments  had  been 
formed  and  established  under  the  provisions  of  this  act ;  and  each  and 
every  such  town  government  is  hereby  perpetuated  and  continued, 
and  authorized  without  re-organization  or  further  proceeding,  to 
assume  and  exercise  all  the  powers,  priviliges,  and  franchise  herein 
and  hereby  conferred  upon  town  governments,  organized  under  the 
provisions  of  this  act ;  and  that  all  officers  heretofore  appointed, 
chosen  or  elected  in  any  such  town  government,  shall  continue  in 


42 


TOWN  ACT. 


office  until  the  expiration  of  the  term  or  terms  for  which  they  were 
originally  appointed  or  elected,  with  all  the  powers  and  subject  to 
all  the  duties  and  responsibilities  that  are  conferred  or  imposed  upon 
like  officers  appointed,  elected  or  chosen,  or  to  be  appointed,  elected 
or  chosen  in  governments  formed  and  organized  under  the  provisions 
of  this  act  and  that  all  laws,  ordinances,  acts  and  proceedings  of 
every  such  government  heretofore  passed,  had,  done  and  taken  shah 
have  the  same  force,  validity  and  effect  as  if  they  had  been  passed, 
had,  done  and  taken  by  governments  formed  and  organized  under 
and  in  pursuance  of  the  authority  of  this  act. 


SUPPLEMENTAL  ACTS. 


A  Supplement  to  an  Act  entitled  ‘An  Act  for  the  formation,  establishment 
and  government  of  towns,”  approved  March  seventh,  one  thousand  eight 
hundred  and  ninety-five,  conferring  upon  towns  formed  and  established 
under  previous  acts  of  the  legislature  of  this  state,  the  powers,  authority 
and  franchises,  conferred  upon  towns  organized  or  to  he  organized 
under  the  act  to  which  this  is  a  supplement,  and  giving  to  the  acts 
and  proceedings  of  such  towns  the  force,  effect  and  validity  of  acts 
done  and  proceedings  had  and  taken  under  the  provisions  of  the  act 
to  which  this  is  a  supplement. 

Sec.  1.  That  every  town  government  heretofore  established, 
formed  under  and  in  accordance  with  the  provisions  of  the  acts  of 
the  legislature  of  this  state  for  the  formation  and  government  of 
towns  which  has  been  in  fact  constituted,  formed  and  organized 
substantially  in  the  manner  directed  by  the  act  to  which  this  is  a 
supplement,  containing  within  its  limits  and  jurisdiction  the  popu¬ 
lation  therein  required,  whether  the  authority  to  form  such  govern¬ 
ment  has  been  lawfully  conferred  or  not,  shall  be  deemed,  held  and 
taken  to  be  a  town  government  created  under  the  provisions  of  the 
act  to  which  this  is  a  supplement ;  and  each  and  every  such  govern¬ 
ment  is  hereby  constituted  and  made  a  town  government,  as  fully 
to  all  intents  and  purposes  as  if  the  proceedings  for  the  formation 
of  the  same  had  been  instituted  and  the  said  governments  had  been 
formed  under  the  provisions  of  the  act  to  which  this  is  a  supple¬ 
ment  ;  and  every  such  town  government  is  hereby  perpetuated  and 
continued  and  authorized,  without  reorganization  or  further  pro¬ 
ceeding,  to  assume  and  exercise  all  the  powers,  privileges  and  fran¬ 
chises  conferred  upon  town  governments  by  the  said  act  to  which 
this  is  a  supplement ;  and  that  all  officers  heretofore  appointed,  chosen 
or  elected  in  any  such  town  government  shall  continue  in  office  until 


43 


44 


SUPPLEMENTAL  ACTS. 


the  expiration  of  the  term  or  terms  for  which  they  were  originally 
appointed  or  elected  with  all  the  powers  and  subject  to  all  the  duties 
and  responsibilities  that  are  conferred  upon  or  imposed  upon  like 
officers  appointed,  elected  or  chosen  or  to  be  appointed,  elected  or 
chosen  in  governments  formed  and  organized  under  the  provisions 
of  the  act  to  which  this  is  a  supplement ;  and  that  all  laws,  ordinances, 
acts  and  proceedings  of  every  such  government  heretofore  passed, 
done  and  taken  shall  have  the  same  force,  validity  and  effect  as  if 
ihey  had  been  passed,  had,  done  and  taken  by  governments  organized 
under  and  in  pursuance  of  the  authority  of  the  act  to  which  this  is 
a  supplement. 

Approved  March  20,  1895. 


LAWS  OF  1896,  CHAPTER  216. 

A  further  Supplement  to  an  Act  entitled  “An  Act  providing  for  the  forma* 
tion,  establishment  and  government  of  towns,”  approved  March 
seventh,  one  thousand  eight  hundred  and  ninety-five. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  In  addition  to  the  powers  conferred  by  the  act  to  which  this 
act  is  a  supplement,  it  shall  be  lawful  for  the  town  council  of  any 
town  formed  or  established  pursuant  to  the  provisions  of  said  act, 
if  deemed  by  them  best  for  the  interest  of  the  same,  or  any  part 
thereof,  to  build  and  construct  one  or  more  main  or  trunk  sewer  or 
sewers  in  said  town,  with  all  necessary  appurtenances  thereto,  to 
form  a  part  of  the  general  sewerage  system  of  said  town,  first  pro¬ 
viding  therefor  by  ordinance,  and  after  due  advertisement  for  bids, 
making  and  entering  into  contract  or  contracts  in  the  name  of  said 
town  for  the  building  and  construction  of  said  sewers. 

2.  None  of  the  provisions  contained  in  the  act  to  which  this  act 
is  a  supplement  with  reference  to  the  construction  of  sewers  and  pro¬ 
ceedings  relating  thereto,  except  as  in  this  act  provided,  shall  be 
held  to  apply  to  the  main  or  trunk  sewer  or  sewers  authorized  by  this 
act  to  be  built  and  constructed. 

3.  In  order  to  raise  the  costs  and  expenses  agreed  to  be  paid 
by  such  town  for  the  construction  of  said  main  sewer  or  sewers, 


SUPPLEMENTAL  ACTS. 


45 


it  shall  be  lawful  for  the  said  town  council  to  issue,  if  in  their  judg¬ 
ment  expedient,  bonds  in  the  corporate  name  of  such  town  in  such 
amount  as  may  be  necessary  for  that  purpose,  and  all  bonds  contem¬ 
plated  by  this  act  shall  bear  interest  at  the  rate  of  six  per  centum 
per  annum,  shall  be  payable  severally  in  not  more  than  ten  years 
from  their  date,  and  shall  not  be  sold  or  disposed  of  for  less  than  par 
value. 

4.  The  cost  and  expense  of  building  and  constructing  said  main 
or  trunk  sewer  or  sewers  and  appurtenances  aforesaid,  when  ascer¬ 
tained,  shall  be  assessed  and  collected  from  the  property  benefited 
as  now- provided  by  law  applicable  to  such  town  for  the  assessment 
of  benefits  conferred  by  the  construction  of  sewers  and  drains. 

5.  Whenever  there  has  heretofore  been  constructed  by  the  gov¬ 
erning  body  of  any  town  formed  or  established  under  the  act  to 
which  this  act  is  a  supplement,  or  the  township  or  other  munici¬ 
pality  of  which  said  town  is  the  successor,  any  outlet  or  connecting 
sewer  through  adjoining  municipalities  and  forming  a  part  of  the 
sewerage  system  of  such  town,  said  outlet  or  connecting  sewer  shall 
be  treated  and  regarded  as  parts  of  the  main  or  trunk  sewers  con¬ 
structed  within  the  territory  of  such  town,  and  all  costs  and  ex¬ 
penses  attending  the  construction  of  the  same,  and  any  sum  paid 
for  the  privilege  of  connecting  with  the  sewers  of  any  other  munici¬ 
pality,  shall  for  the  purpose  of  assessment  be  included  in  and  form 
part  of  the  cost  of  any  main  sewer  connected  therewith  to  be  assessed 
and  collected  as  now  provided  by  law. 

6.  This  act  shall  take  effect  immediately. 

Approved  May  12,  1896. 

Town  has  power  to  lay  additional  and  enlarged  sewers  and  issue  bonds  there¬ 
for.  L.  1902,  Ch.  265. 

LAWS  OF  1902,  CHAPTER  265,  PAGE  783. 

An  Act  providing  for  the  enlargement  of  sewers  and  for  the  building  of 
additional  or  relieving  sewers  in  towns  in  this  state. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  Whenever  the  council  or  other  governing  body  of  any  tozvn  in 
this  state  shall,  by  resolution  adopted  by  the  votes  of  a  majority  of 


46 


SUPPLEMENTAL  ACTS. 


all  the  members  thereof,  declare  that  any  server  or  sewers  in  such 
town  is  or  are  insufficient  for  the  proper  sezvage  or  drainage  of  such 
tozvn  or  any  part  or  section  thereof,  it  shall  be  lawful  for  such  council 
or  governing  body  at  any  time  thereafter  to  provide  for  the  enlarge¬ 
ment  of  any  server  or  servers  in  such  town  or  for  the  building  and 
construction  of  such  additional  or  relieving  sewers  therein  as  in 
their  judgment  may  be  necessary,  and  to  that  end  full  power  and 
authority  is  hereby  conferred  upon  such  council  or  governing  body  to 
make  and  adopt  maps,  plans,  specifications  and  estimates,  and  to  enter 
into  contracts,  in  the  same  way  and  manner  that  contracts  for  other 
public  improvements  are  required  by  law  to  be  entered  into  by  or  on 
the  part  of  such  town,  for  the  building  and  constructing  of  such 
additional  or  relieving  sewers. 

2.  For  the  purpose  of  raising  money  to  pay  the  cost  of  building 
and  constructing  any  such  additional  or  relieving  sewer  or  sewers  and 
the  expense  connected  therewith,  the  said  council  or  other  governing 
body  of  such  town  is  hereby  authorised  and  empowered  to  issue  and 
sell  the  corporate  bonds  of  such  town  for  an  amount  not  exceeding 
the  amount  of  such  cost  and  expenses,  payable  in  not  more  than 
twenty  years  from  the  date  thereof,  and  bearing  interest  not  exceeding 
the  rate  of  five  per  centum  per  annum,  payable  semi-annually,  which 
bonds  may  be  of  such  denominations  as  said  council  or  governing 
body  shall  determine,  and  may  be  either  registered  or  have  coupons 
attached  for  the  interest  for  each  half  year  as  the  purchaser  or  holder 
thereof  may  desire. 

3.  After  the  completion  of  any  such  additional  or  relieving  sewer 
or  sewers,  the  commissioners  of  assessment  of  such  town,  or,  if  there 
be  no  such  commissioners,  then  three  disinterested  commissioners 
who  shall  be  appointed  for  that  purpose  by  the  council  or  other  gov¬ 
erning  body  thereof  and  who,  before  entering  upon  the  discharge  of 
the  duties  herein  imposed  upon  them,  shall  make  oath  that  they  are 
freeholders  of  and  residents  in  the  town  and  are  not  interested  in 
the  sewer  or  sewers  on  account  of  which  the  assessment  is  to  be  made 
or  in  the  assessment  to  be  made  therefor,  shall  assess  so  far  as  prac¬ 
ticable,  the  cost  and  expense  incurred  in  constructing  any  such  sewer 
or  sewers  upon  all  the  lots  and  parcels  of  land  in  such  town  specially 
benefited  by  such  sewer  or  sewers,  in  proportion  to  the  benefit  re¬ 
ceived,  and  no  lot  or  parcel  of  land  shall  be  assessed  more  than  it  is 
so  specially  benefited;  in  case  the  cost  and  expense  of  constructing 


SUPPLEMENTAL  ACTS. 


47 


any  such  sewer  or  servers  shall  be  greater  than  the  total  amount  of 
assessable  special  benefits ,  the  said  commissioners  shall  specify  the 
amount  of  such  excess  in  their  report,  and  such  excess  shall  be  borne 
and  paid  by  the  town  at  large;  the  said  commissioners  shall  make  a 
report,  in  writing,  of  their  assessment  to  the  said  council  or  governing 
body,  which  report  shall  be  accompanied  by  a  map  showing  the  several 
lots  and  parcels  of  land  assessed  on  which  each  of  said  lots  shall  be 
designated  by  a  number  and  shall  set  forth  in  their  report,  or  in  a 
schedule  annexed  to  the  same  or  endorsed  on  said  map  the  names 
of  the  owners  of  the  lots  or  parcels  of  land  assessed  so  far  as  they 
have  been  able  to  ascertain  them,  and  the  amount  assessed  upon  each 
separate  lot  or  parcel  of  land,  and  upon  the  filing  of  such  report  and 
map  the  said  council  or  governing  body  shall  designate  the  time  and 
place  when  and  zvhere  it  will  meet  to  receive  objections  in  writing  to 
the  assessment;  it  shall  be  the  duty  of  the  Tozvn  Clerk  of  such  town 
to  publish  in  the  official  newspaper  of  the  tozvn,  or  if  there  be  none, 
in  a  newspaper  published  in  the  county  and  circulating  in  the  tozvn, 
for  at  least  two  weeks  successively,  at  least  once  in  each  week,  a 
'notice  stating  that  the  report  of  the  commissioners  had  been  filed  with 
him,  and  setting  forth  the  time  and  place  appointed  by  the  tozvn 
council  for  receiving  objections,  in  writing,  to  the  assessment ;  said 
clerk  shall  also  post  a  copy  of  said  notice  in  five  public  places  of  the 
town,  at  least  six  days  prior  to  the  said  time  fixed  for  the  receiving 
of  objections;  the  town  clerk  shall  file  in  his  office  affidavits  of  the 
publication  and  posting  of  said  notice  and  the  said  affidavits  shall  at 
all  times  and  in  all  cases  be  presumptive  evidence  of  the  facts  therein 
stated;  any  owner  or  person  interested  in  land  assessed  may  object, 
in  writing,  to  the  assessment,  and  all  objections  in  writing 
to  the  assessment  shall  be  considered  by  the  said  council 
or  governing  body,  and  if,  in  the  judgment  of  said  council 
or  governing  body,  it  shall  appear  that  any  lot  or  parcel  of  land  has 
been  assessed  more  than  it  is  specially  benefited,  or  more  than  its 
just  proportion  of  special  benefits,  the  said  council  or  governing 
body  shall  have  pozver  to  reduce  the  assessment  made  to  such  sum 
as  in  its  judgment  zvill  be  equitable  and  just,  and  to  correct  the 
assessment  accordingly ;  after  considering  all  objections  the  council 
or  other  governing  body  may  confirm  the  assessment  as  made,  or  as 
made  and  corrected,  and  from  and  after  the  time  of  confirmation 
thereof  said  assessment  shall  become  and  be  and  remain  a  lien  upon 


48 


SUPPLEMENTAL  ACTS. 


the  lands  assessed  prior  and  paramount  to  all  other  estates  and  inter¬ 
ests  therein  or  encumbrances  thereon,  and  if  not  paid  within  thirty 
days  after  the  date  of  the  confirmation  thereof,  shall  bear  interest  at 
the  rate  of  five  per  centum  per  annum,  to  be  computed  from  the  date 
of  such  confirmation;  any  assessment  levied  under  authority  of  the 
act  may  be  paid  in  ten  equal  annual  installments,  the  interest  on  the 
balance  of  the  assessment  remaining  unpaid  being  payable  with  each 
installment ;  in  case  any  assessment  levied  under  authority  of  this  act 
shall  not  be  fully  paid  at  the  expiration  of  ten  years  from  the  date 
of  the  confirmation  thereof,  it  may  be  enforced  by  a  sale  of  the  lands 
assessed  in  the  manner  provided  by  lazu  with  respect  to  sales  for 
assessments  for  other  improvements  in  such  town. 

4.  The  interest  on  bonds  issued  under  the  provisions  of  this  act 
shall  be  raised  annually  by  taxation  in  the  same  zuay  and  manner  and 
by  the  same  officers  as  taxes  for  state  and  county  purposes  are  raised 
in  said  town;  all  moneys  received  for  assessments  levied  under  this 
act  shall  be  kept,  held  and  applied  to  and  for  the  redemption  of  bonds 
issued  under  this  act. 

5.  This  act  shall  take  effect  immediately. 

Approved  April  22,  1902. 


LAWS  OF  1905,  CHAPTER  23,  PAGE  44. 

An  Act  respecting  sewers  and  sewer  connections  in  incorporated  towns  of 

this  State. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
N ew  Jersey : 

1.  In  all  incorporated  towns  where  sewers  are  nozu  laid  and  con¬ 
structed,  or  nozu  being  laid  and  constructed,  or  which  may  hereafter 
be  laid  and  constructed  in  any  street  or  highzuay  of  any  incorporated 
town,  the  common  council,  board  of  aldermen  or  other  municipal 
body  charged  by  lazu  with  the  construction  of  such  sezuers  in  such 
incorporated  towns,  shall  have  power  and  authority  to  build,  and  con¬ 
struct  house  connections  from  such  sezuers  proper  to  the  curb  line  of 
the  lots  fronting  on  the  street  or  streets  or  highways  through  which 
such  sewer  or  sezuers  shall  or  may  be  built,  laid  or  constructed. 

2.  In  all  incorporated  towns  where  sezuers  are  nozu  laid  and  con- 


SUPPLEMENTAL  ACTS. 


49 


structed  in  any  street  or  streets,  highway  or  highways,  and  house 
connections  from  such  sewers  proper  to  the  curb  line  of  the  lots  front¬ 
ing  on  said  street  or  streets,  highway  or  highways,  have  been  made 
and  constructed,  and  the  person  or  persons  making  and  constructing 
such  house  connections  have  not  been  paid  by  the  said  town  or  tozvns, 
or  by  any  person  or  persons  for  the  zvork,  labor  and  material  used  in 
the  making  and  constructing  such  house  connections,  it  shall  be  lawful 
for,  and  the  said  common  council,  board  of  aldermen,  or  other  munici¬ 
pal  body,  charged  with  the  construction  of  such  sezvcrs  in  such 
incorporated  tozvn  or  tozvns,  is  hereby  authorized  and  empowered  to 
accept  on  behalf  of  such  town  or  tozvns,  the  said  house  connections 
so  built  and  constructed,  and  to  pay  for  the  same,  and  upon  such 
payment  being  made  by  such  town,  to  the  person  or  persons  entitled 
to  receive  the  same ,  the  said  house  connections,  so  built  and  con¬ 
structed,  shall  become  and  be  the  property  of  such  town. 

3.  Said  house  connections  shall  be  shown  on  a  map,  to  be  pre¬ 
pared  by  said  body  or  board  before  the  introduction  of  an  ordinance 
or  final  resolution  providing  for  the  acceptance  of  or  construction  of 
such  house  connections,  which  map  shall  be  open  to  the  inspection 
of  the  property  owners  of  said  tozvn  for  at  least  ten  days  prior  to 
the  passing  of  such  ordinance  or  final  resolution  providing  for  the 
acceptance  of  or  construction  of  such  house  connections. 

4.  The  costs  and  expenses  of  making  and  providing  such  house 
connections  with  such  sewers  shall  be  charged  to  and  borne  by  the 
lots  and  sub-divisions  of  lots  specially  benefited  thereby,  and  shall  be 
assessed  against  the  same  in  the  same  manner  and  by  the  same  author¬ 
ity  making  assessments  for  sezvers  or  other  public  improvements  in 
said  incorporated  towns;  the  words  “house  connections”  in  this  act 
shall  be  construed  to  include  connections  made  or  to  be  made  or  pipes 
laid  or  to  be  laid  between  the  line  of  any  sezver  and  the  curb  line  of 
any  street  or  avenue  in  which  said  sezver  is  laid,  whether  or  not  there 
shall  be  any  house  or  building  upon  the  property  or  lot  in  front  of 
which  such  connection  is  or  shall  be  laid. 

5.  This  act  shall  take  effect  immediately. 

Approved  March  10,  1905. 

Re  construction  of  trunk  and  outlet  sewers,  see  L.  1902,  Ch.  124  (Sec.  9,  am’d 
by  L.  1903,  Ch.  237). 

Two  municipalities  may  construct  sewer  jointly.  L.  1902,  Ch.  12  (Sec.  3, 
am’d  by  L.  1903,  Ch.  230). 


50 


SUPPLEMENTAL  ACTS. 


Such  municipalities  may  by  contract  grant  privilege  of  connecting  with  joint 
sewer  to  other  municipalities.  L.  1902,  Ch.  13. 

Power  to  condemn  for  such  sewer  is  vested  in  municipalities  jointly  contract¬ 
ing.  L.  1902,  Ch.  14. 

Bonds  may  be  issued  for  such  sewer.  L.  1904,  Ch.  152. 

Lands  outside  of  town  limits  may  be  purchased  or  condemned  for  sewer. 
L.  1906,  Ch.  293. 

House  connections  with  sewers  may  be  built  and  owned  by  town,  and  assessed 
against  property.  L.  1905,  Ch.  23. 


LAWS  OF  1898,  CHAPTER  153. 

A  further  Supplement  to  an  Act  entitled  “An  Act  providing  for  the  for¬ 
mation,  establishment  and  government  of  towns,”  approved 
March  seventh,  one  thousand  eight  hundred  and  ninety-five. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  [ Repealed  by  L.  1903,  Ch.  206.] 

2.  Whenever  any  bonds  heretofore  legally  issued  by  the  town,  or 
any  bonds  which  may  have  been  legally  issued  by  the  municipality, 
or  any  school  district  thereof,  of  which  such  town  is  the  successor, 
are  now  due  and  unpaid  or  shall  hereafter  become  due,  the  town 
council  may  renew  ninety  six  and  two-thirds  per  centum  of  said 
indebtedness  or  any  less  part  thereof  by  the  issuing  and  sale  of 
the  bonds  of  such  town  for  that  purpose ;  which  bond  shall  be  made 
payable  in  not  exceeding  twenty  years  from  the  date  of  issuing  the 
same,  and  shall  bear  interest  at  a  rate  not  exceeding  six  per  centum 
per  annum,  and  be  issued  in  such  sums  as  the  town  council  shall  by 
ordinance  or  resolution  determine,  and  shall  be  executed  under  the 
corporate  seal  of  such  town,  and  be  signed  by  the  mayor  [as  am’d ] 
and  shall  have  coupons  attached  for  every  half  year’s  interest,  or 
may  be  registered  at  the  option  of  the  purchaser  or  holder. 

3.  This  act  shall  take  effect  immediately. 

Approved  April  8,  1898. 


SUPPLEMENTAL  ACTS. 


51 


LAWS  OF  1898,  CHAPTER  201. 

A  further  Supplement  to  an  Act  entitled  “An  Act  providing  for  the  for¬ 
mation,  establishment  and  government  of  towns,”  approved 
March  seventh,  one  thousand  eight  hundred  and  ninety-five. 

See  66  N.  J.  L.  516. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  When  ten  or  more  owners  of  real  estate  situate  on  one  or 
more  streets  or  highways  of  any  town  shall  by  petition  ask  the 
town  council  to  cause  an  underground  drain  or  culvert  to  be  con¬ 
structed  along  any  one  or  more  of  the  said  streets  or  highways 
of  said  town,  or  parts  thereof,  then  it  shall  be  lawful  for  said  town 
council,  at  its  discretion,  by  ordinance,  to  direct  the  construction 
of  the  same,  or  any  part  thereof,  of  such  dimensions  of  such  mate¬ 
rials  in  such  manner  and  under  such  supervision  as  the  said  council 
may  deem  fit  and  proper  for  the  objects  petitioned  for;  but  in  no 
case  shall  any  drain  or  culvert  be  constructed  beyond  the  limits 
named  in  the  petition,  and  no  ordinance  be  finally  passed  by  said 
town  council  until  the  petition  upon  which  said  ordinance  is  founded 
and  the  notice  hereinafter  provided  shall  have  been  advertised  by 
the  town  clerk  for  at  least  two  weeks,  once  in  each  week,  success¬ 
ively,  in  the  official  newspaper  of  the  town,  or,  if  there  be  none, 
in  one  or  more  newspapers  circulating  in  the  town,  and  copies  of 
said  petition  and  notice  posted  in  five  public  places  in  the  town  at 
least  ten  days  prior  to  the  time  fixed  for  the  hearing  of  objections 
to  such  improvement ;  said  notice  to  be  signed  by  the  town  clerk, 
stating  that  objections  in  writing  to  said  proposed  improvements 
shall  be  filed  with  him,  and  designating  the  time  and  place  when  and 
where  the  town  council  will  meet  to  consider  such  objections;  which 
time  shall  not  be  less  than  ten  days  after  the  date  of  the  first 
publication  of  such  petition  and  notice  as  aforesaid ;  and  that  at 
or  before  the  time  named  in  such  notice  the  said  clerk  shall  file  in 
his  office  an  affidavit  showing  that  such  petition  and  notice  have 
been  posted  and  published  as  herein  required ;  at  the  time  named 
in  such  notice  the  town  council  shall  proceed  to  consider  such  ob¬ 
jections,  and  after  hearing  the  same  the  said  town  council  may 
sustain  such  objections,  or  in  their  discretion  pass  said  ordinance; 


52 


SUPPLEMENTAL  ACTS. 


and  all  costs  and  expenses  incurred  in  such  proceedings  shall  be 
paid  by  the  petitioners,  to  secure  which  the  town  council  shall  in 
all  cases  require  a  deposit  of  fifty  dollars  before  receiving  said 
petition,  in  which  case  the  deposit  made  by  the  petitioners,  less 
any  expenses  that  have  been  incurred,  shall  be  returned  to  him 
or  them ;  and  that  after  the  final  passage  of  said  ordinance  it  shall 
be  the  duty  of  said  town  council,  by  resolution,  to  instruct  the  town 
clerk  to  advertise  for  proposals  for  doing  the  work  of  and  furnishing 
the  materials  necessary  for  such  improvement,  in  the  official  news¬ 
paper  of  the  town,  and  in  such  other  newspapers  as  shall  be  desig¬ 
nated  by  the  town  council,  which  proposals  shall  be  presented  in 
such  form  and  manner  and  under  such  regulations  as  the  town  council 
shall  prescribe;  upon  the  coming-in  of  such  proposals  the  town 
council  may  enter  into  contract  with  the  lowest  responsible  bidder 
on  the  terms  of  their  proposals;  provided,  however,  that  the  town 
council  may  reject  any  or  all  bids,  if  they  deem  it  for  the  interest 
of  the  town  so  to  do;  in  which  case  they  shall  again  advertise  for 
proposals,  and  shall  proceed  in  all  things  as  if  no  proposals  had  been 
offered ;  and  the  town  council  shall  require  the  person  or  persons 
so  entering  into  contract  with  the  town  to  give  bonds,  with  ample 
freehold  security,  for  the  due  performance  thereof. 

2.  No  lands  or  real  estate  shall  be  assessed  for  any  improve¬ 
ment  authorized  under  this  act  for  a  greater  amount  than  such 
lands  or  real  estate  shall  be  specially  benefited  by  such  improvement, 
and  in  case  the  whole  expense  of  any  such  improvement  shall 
exceed  the  amount  assessable  for  the  special  benefits  received 
then  the  balance  of  such  expense  shall  be  paid  out  of  the  town 
treasury ;  said  costs  and  expenses  shall  be  ascertained  and  deter¬ 
mined  by  the  commissioners  of  assessment,  but  no  assessment 
shall  be  deemed  defective  by  reason  of  any  mistake  in  the  names  of 
the  owners  of  lands  assessed,  or  omitting  the  said  names,  or  any  of 
them;  said  commissioners  of  assessment  shall  assess  each  and  every 
owner  or  owners  of  land  in  proper  proportion,  and  in  accordance  with 
the  provisions  of  this  section,  and  shall  make  report  thereon,  and 
file  with  said  report  a  map  showing  the  lots  and  parcels  of  land 
in  said  town,  and  the  amounts  assessed  thereon,  with  the  town 
clerk,  who  shall  publish  and  post  notices  in  the  same  way  and 
manner  as  hereinbefore  provided  for  publishing  and  posting 
of  petitions  for  the  improvement,  and  its  accompanying  notice  stating 


SUPPLEMENTAL  ACTS. 


53 


that  the  map,  report  and  assessment  of  the  commissioners  had  been 
filed  in  his  office,  and  that  the  town  council  will  consider  any  objec¬ 
tions  to  said  report,  map  and  assessments  presented  in  writing  on 
or  before  a  day  named  in  said  notice,  to  be  fixed  by  the  town  council, 
which  day  shall  be  at  least  ten  days  after  the  first  publication  of 
such  notices;  after  considering  such  report,  map  and  assessments, 
and  such  objections  as  may  have  been  presented  against  the  same, 
the  said  town  council  may  confirm  the  said  report,  map  and  assess¬ 
ments,  or  if  deemed  necessary  may  return  the  same  to  the  commis¬ 
sioners  of  assessment  for  revision  and  correction,  who  shall  return 
the  same  corrected  and  revised  without  unnecessary  delay ;  and  there¬ 
after  the  town  council  may  without  further  notice  confirm  the  said 
report,  map  and  assessments. 

3.  The  town  council  shall  have  the  power  to  regulate  by  ordinance 
in  what  manner  individuals  and  corporations  shall  make  openings 
into  the  culverts  and  sewers  and  to  enact  fines  and  penalties  for 
injuries  done  to  the  same. 

4.  All  acts  or  parts  of  acts  contrary  to  the  provisions  of  this 
act  be  and  the  same  are  hereby  repealed. 

5.  This  act  shall  take  effect  immediately. 

Approved  June  13,  1898. 

Assessment  to  pay  cost  of  town  sewer. 

Seaman  v.  The  City  of  Camden,  66  N.  J.  L.  516. 

For  underground  drain  construction  without  petition,  see  L.  1906,  Ch.  21. 


LAWS  OF  1899,  CHAPTER  99. 

A  Supplement  to  an  Act  entitled  “An  Act  providing  for  the  formation, 
establishment  and  government  of  towns,”  approved  March 
seventh,  one  thousand  eight  hundred  and  ninety-five. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  The  recorder  of  any  town  incorporated  or  existing  under  this 
act  may,  in  case  of  his  temporary  absence  from  the  recorder’s  court, 
or  inability  from  any  cause  to  act  therein,  designate  and  appoint 
either  a  justice  of  the  peace  of  the  county  in  which  such  town  is 
situate  or  an  attorney-at-law  of  the  state  of  New  Jersey  to  act  in 
his  stead,  and  such  justice  of  the  peace  or  attorney-at-law  while  so 


54 


SUPPLEMENTAL  ACTS. 


acting  shall  have,  hold,  exercise,  use  or  perform  any  power,  privilege, 
duty,  authority  or  jurisdiction  which  is  or  shall  be  conferred  upon 
or  given  to  said  recorder. 

2.  All  writs,  precepts  and  processes  issued  by  the  recorder  of 
any  town  incorporated  or  existing  under  the  act  to  which  this  is  a 
supplement,  shall  run  in  and  through  the  county  in  which  the  town 
for  which  he  is  appointed  is  situate,  and  he  may,  in  any  matter 
pending  before  him,  award  writs  of  subpoena  into  any  county  of  this 
state. 

3.  This  act  shall  take  effect  immediately. 

Approved  March  22,  1899. 

[Recorder  has  jurisdiction  to  enforce  ordinances  of  board  of  health.  L.  1904, 
Ch.  127.] 


LAWS  OF  1899,  CHAPTER  10 7. 

A  Supplement  to  an  Act  entitled  “An  Act  providing  for  the  formation, 
establishment  and  government  of  towns,”  approved  March 
seventh,  one  thousand  eight  hundred  and  ninety-five. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey  : 

1.  In  all  towns  formed  or  established  under  the  act  to  which 
this  act  is  a  supplement,  it  shall  be  lawful  for  the  council  of  such 

town,  in  its  discretion,  to  pass  ordinances  or  resolutions  to  take 

effect  therein,  for  the  following  purposes,  to  wit,  to  provide  for  a 
board  of  assessors  to  consist  of  three  members,  which  board  shall 
be  created  as  follows,  viz.,  by  the  appointment  of  two  of  its  mem¬ 
bers  by  the  council  of  such  town  upon  the  nomination  of  the 

councilman-at-large  and  the  third  member  to  be  elected  by  the 

legal  voters  on  a  general  ticket  at  the  annual  election  of  such  town, 
in  the  same  manner  and  upon  the  like  public  notice  as  other 
officers  thereof  are  elected ;  and  only  one  of  which  members  so 
appointed  shall  be  selected  from  the  said  ward  of  such  town, 
and  shall  hold  their  office  for  a  period  of  two  years,  and  until 
their  successors  are  appointed;  and  the  elected  member  shall  hold 
his  office  for  three  years  from  the  date  of  the  election ;  the  first 


SUPPLEMENTAL  ACTS. 


55 


appointment  to  be  for  one  year  and  the  other  for  two  years;  and 
all  appointments  made  to  fill  vacancies  to  be  for  the  unexpired 
term  only;  and  in  case  of  the  death,  resignation,  or  disability  of  the 
elected  member,  such  vacancy  shall  be  filled  by  the  council,  in  the 
same  manner  as  the  original  appointments  are  made,  until  the  next 
annual  election,  when  such  vacancy  shall  be  filled  by  the  legal 
voters;  such  assessors  shall  receive  such  salary  as  the  council  of 
such  town  shall  by  ordinance  prescribe,  and  shall  each  give  a  bond 
in  such  amount  as  the  said  council  may  direct,  for  the  faithful 
performance  of  their  duties;  and  the  said  board  of  assessors  shall 
select  one  of  their  number  to  be  clerk  thereof,  and  he  shall  receive 
such  additional  compensation  as  the  council  may  by  ordinance  pre¬ 
scribe,  which  board  shall  perform  the  duties  now  devolving,  or 
which  may  hereafter  devolve  by  law,  upon  assessors  of  taxes 
or  boards,  for  the  assessment  of  taxes,  or  commissioners  of  assess¬ 
ment,  in  such  towns,  and  the  offices  of  such  assessors;  such  board 
and  such  commissioners  of  assessment  now  existing  in  such  towns 
shall  be  abolished  upon  the  appointment  and  election  of  assessors 
under  this  act ;  the  said  council  shall  provide  an  office  for  said 
board,  which  shall  be  open  during  such  hours  for  the  transaction  of 
business  as  the  said  council  may  direct ;  such  assessors  may  be 
removed  by  the  council  for  cause  in  the  same  manner  as  other  of¬ 
ficers  in  such  town  are  elected  or  appointed  pursuant  to  the  pro¬ 
visions  of  the  act  to  which  this  act  is  a  supplement. 

2.  Such  board  of  assessors,  subject  to  the  substitution  of  another 
person  for  any  member  thereof  on  account  of  interest  as  herein¬ 
after  provided,  shall  also  have  exclusive  control  and  charge  of  all 
awards  for  damages,  in  the  taking,  injuring  or  damaging  of  lands 
for  public  improvements  in  such  town,  and  shall  make  all  assess¬ 
ments  for  benefits  acquired  by  any  land  or  lands  by  reason  of  such 
improvement,  or  by  reason  of  the  laying  out  or  opening  of  any 
street,  road,  highway,  alley,  public  park  or  square,  within  such 
town,  or  the  causing  of  any  street,  road,  highway  or  alley  already 
laid  out,  or  which  shall  hereafter  be  laid  out,  to  be  vacated,  straight¬ 
ened,  altered,  widened  or  extended,  or  by  reason  of  the  laying  or 
constructing  of  sewers  or  drains,  or  the  grading,  graveling,  paving, 
flagging,  macadamizing,  planting  of  shade  trees,  or  otherwise  in  the 
improving  and  regulating  of  any  street  or  section  of  a  street  in 
such  town. 


56 


SUPPLEMENTAL  ACTS. 


3.  Said  board  of  assessors  shall  complete  their  assessment 
of  the  taxes  of  such  town  and  present  their  books  to  the  council 
for  examination  by  the  third  Monday  in  September,  annually; 
and  all  proceedings  for  the  making  of  any  of  the  improvements 
as  aforesaid,  and  for  the  assessing  of  damages  for  the  taking,  in* 
juring  or  damaging  of  any  lands  by  reason  thereof,  as  well  as  for 
the  assessments  of  benefits  to  pay  for  the  cost  of  the  same,  shall  be 
the  same  in  all  respects  as  provided  in  and  by  the  act  to  which 
this  is  a  supplement;  provided,  however,  that  such  assessments  of 
damages  and  benefits,  respectively,  shall  be  made  by  said  board  of 
assessors  and  shall  be  confirmed  in  the  same  manner  and  upon  like 
notices  as  provided  in  and  by  said  act  to  which  this  act  is  a  sup¬ 
plement. 

4.  Such  award  of  damages  and  assessment  of  benefits  shall  be 
paid  and  collected  in  the  same  manner  as  is  now  provided  by  law 
for  the  paying  and  collecting  of  any  awards  or  assessments  in  such 
town. 

5.  If  any  of  the  said  assessors  shall  be  interested  in  the  matter 
of  any  award  of  damages  or  assessment  of  benefits,  the  council 
shall  call  upon  some  discreet  and  impartial  freeholder  or  free¬ 
holders,  resident  in  said  town,  to  act  in  regard  to  such  award  or 
assessment  in  lieu  of  the  assessor  or  assessors  interested  therein  as 
aforesaid;  and  every  report  of  awards  or  assessments  shall  be 
accompanied  by  the  oath  or  affirmation  of  each  assessor  making 
the  same,  that  he  is  not  interested  directly  or  indirectly  in  the 
matter  of  the  award  or  assessment,  and  that  he  has  performed  his 
duties  in  relation  thereto  honestly,  faithfully  and  impartially,  to  the 
best  of  his  ability,  skill  and  understanding. 

6.  This  act  shall  take  effect  immediately. 

Approved  March  23,  1899. 


SUPPLEMENTAL  ACTS. 


57 


LAWS  OF  1901,  CHAPTER  40. 

An  Act  to  amend  an  Act  entitled  “A  supplement  to  an  Act  entitled  ‘An 
Act  providing  for  the  formation,  establishment  and  government  of 
towns,’  approved  March  seventh,  one  thousand  eight  hundred  and 
ninety -five,”  which  supplement  was  approved  March  thirty-first,  one 
thousand  eight  hundred  and  ninety-seven. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

(See  71  N.  J.  L.  468.) 

1.  [As  ant’d  by  L.  1904,  Ch.  131.]  In  towns  formed  or  estab¬ 
lished  under  the  provisions  of  the  act  to  which  this  is  a  supplement, 
whenever  the  council  shall  by  resolution  adopted  by  the  unanimous 
vote  of  all  the  members  of  the  council,  determine  that  it  is  to  the 
interest  of  the  town  that  any  street  or  section  of  a  street  may  be 
graded,  flagged,  macadamized,  paved,  curbed,  guttered  or  have  a 
sidewalk  of  any  material  constructed  thereon,  or  be  otherwise  im¬ 
proved,  the  council  may,  of  its  own  motion,  initiate  a  proceeding  for 
the  construction  of  such  sidewalk  in  the  manner  provided  for  in 
section  sixty-four  of  the  act  to  zuhich  this  is  a  supplement,  except 
that  it  shall  not  be  necessary  to  have  presented  to  the  council  any 
petition,  either  from  the  owners  of  one-sixth  of  the  land  fronting 
on  the  street  or  section  of  street  proposed  to  be  improved,  or  of  ten 
freeholders,  but  such  resolution,  so  adopted  by  the  unanimous  vote 
of  all  the  members  of  the  council,  shall  take  the  place  of  said  petition, 
and  it  shall  not  be  necessary,  in  case  of  such  proceedings,  to  require 
the  deposit  of  any  money  to  defray  costs  and  expenses  incurred  in 
such  proceedings,  and  at  any  time  after  the  time  named  in  the  notice 
for  objections  therein  provided  for,  the  council  may  proceed  to  pass 
an  ordinance  for  such  improvement,  notwithstanding  the  objection  of 
the  owners  of  the  land  fronting  on  such  proposed  improvement ;  pro¬ 
vided,  however,  that  such  ordinance  shall  also  be  passed  by  a  unani¬ 
mous  vote  of  all  the  members  of  said  council. 

2.  The  costs  and  expenses  incurred  in  making  any  such  improve¬ 
ment  pursuant  to  the  provisions  of  this  act,  shall,  zvhen  ascertained, 
be  assessed  upon  the  lands  and  real  estate  specially  benefited  by  the 


58 


SUPPLEMENTAL  ACTS. 


improvement  in  accordance  zvith  the  provisions  of  the  act  to  zvhich 
this  act  is  a  supplement. 

3.  This  act  shall  be  construed  to  be  an  addition  to  the  powers 
already  vested  in  the  council  by  the  act  entitled  “An  act  providing 
for  the  formation,  establishment  and  government  of  towns,”  ap¬ 
proved  March  seventh,  one  thousand  eight  hundred  and  ninety- 
five,  and  shall  not  limit  or  interfere  with  the  power  of  the  council 
to  make  such  improvements  in  the  manner  already  prescribed 
in  the  act  entitled  “An  act  providing  for  the  formation,  establish¬ 
ment  and  government  of  towns,”  approved  March  seventh,  one 
thousand  eight  hundred  and  ninety-five. 

4.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
hereof  shall  be  and  the  same  are  hereby  repealed,  and  this  act  shall 
take  effect  immediately. 

Approved  March  13,  1901. 


LAWS  OF  1901,  CHAPTER  158. 

A  Supplement  to  an  Act  entitled  “An  Act  for  the  formation,  establish¬ 
ment  and  government  of  towns,”  approved  March  seventh, 
one  thousand  eight  hundred  and  ninety-five. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  Hereafter  there  shall  be  established  in  every  town  in  this 
state  now  organized  or  that  may  hereafter  become  organized 
under  the  provisions  of  the  act  to  which  this  is  a  supplement  a 
board  to  be  designated  as  “the  commissioners  of  the  sinking  fund 

of  the  town  of  - ”  (specifying  the  name  of  the  town),  which 

board  shall  consist  of  five  commissioners,  two  of  whom  shall  be 
the  town  treasurer  ex-officio,  and  the  chairman  of  the  committee 
of  the  town  council  having  oversight  of  the  finances  of  the  town, 
ex-officio;  the  remaining  three  members  shall  be  appointed  by  the 
councilman-at-large,  by  and  with  the  consent  of  the  town  council 
and  of  the  three  commissioners  so  to  be  appointed  in  the  first  in¬ 
stance,  one  shall  be  appointed  to  hold  office  for  one  year,  one  for 


SUPPLEMENTAL  ACTS. 


59 


two  years,  and  one  for  three  years  from  the  first  day  of  June 
succeeding  their  appointment ;  and  one  such  commissioner  shall 
be  appointed  annually  thereafter,  to  hold  his  office  for  the  term  of 
three  years,  and  to  take  the  place  of  the  commissioner  whose  term 
then  expires,  any  vacancy  to  be  filled  by  appointment  for  the  un¬ 
expired  term  only;  each  commissioner  shall  hold  office  until  his 
successor  shall  have  been  appointed  and  shall  have  qualified,  and 
shall,  before  entering  upon  the  discharge  of  his  duties,  enter  into  a 
bond  to  the  town  in  the  sum  of  five  thousand  dollars,  with  sureties 
to  be  approved  by  the  town  council,  for  the  honest  and  faithful 
discharge  of  the  duties  of  his  office  as  commissioner  of  the  sinking 
fund  of  the  town ;  such  bond  shall  be  renewed  annually  and  shall  be 
filed  with  the  town  clerk. 

2.  The  commissioners  appointed  as  aforesaid  shall  be  residents 
and  freeholders  of  the  town,  and  shall  serve  without  salary  or 
other  compensation;  the  board  shall  organize  on  the  first  Monday 
in  June  in  each  year,  and  shall  elect  a  president  and  secretary  from 
their  number,  and  shall  meet  thereafter  from  time  to  time  as  they 
may  deem  necessary  or  advisable;  the  board  first  appointed  shall 
meet  for  organization  within  one  month  after  such  appointment. 

3.  Such  board  shall  be  the  lawful  custodian  of  all  such  moneys 
as  shall  be  or  may  have  been  raised  in  the  town  for  the  purpose  of 
paying  off  and  retiring  the  bonded  indebtedness  of  the  town  for 
which  such  sinking  fund  is  raised ;  and  it  shall  be  the  duty  of  the 
said  board  to  loan  and  invest  such  funds,  and  the  interest  accruing 
thereon,  from  time  to  time,  and  keep  the  same  loaned  and  invested 
at  interest  in  the  corporate  name  of  the  town  in  bonds  or  other 
obligations  of  the  town,  or  in  the  bonds  of  the  United  States  or  of 
the  state  of  New  Jersey,  or  of  any  of  the  cities  or  counties  of  this 
state,  and  to  use  the  principal  or  income  of  such  fund,  or  any 
portion  thereof,  for  the  purpose  of  paying  off  and  retiring  such 
bonded  indebtedness  of  the  town  or  any  portion  thereof ;  it  shall 
be  the  duty  of  such  commissioners  annually  on  the  first  day  of  April, 
and  at  such  other  time  or  times  as  they  may  be  required  so  to  do, 
by  resolution  of  the  town  council,  to  furnish  and  report  to  the  town 
council  of  the  town  a  detailed  statement  of  the  condition  of  such 
sinking  fund  in  their  hands  and  showing  all  receipts  and  disburse¬ 
ments  and  investments  on  that  account  sinte  the  last  preceding 
accounting,  and  giving  a  description  of  such  securities  as  may  be 


60 


SUPPLEMENTAL  ACTS. 


in  their  hands,  or  such  funds  as  they  may  have  loaned  or  invested, 
and  all  expenses  necessarily  and  properly  incurred  by  such  com¬ 
missioners  in  the  discharge  of  their  duties  shall  be  a  legitimate  debt 
of  the  town  and  be  payable  out  of  the  town  treasury. 

4.  The  town  council  of  such  town  may,  by  ordinance,  prescribe 
further  duties  and  responsibilities  for  such  board,  and  may  in  the 
same  manner  establish  rules  for  the  regulation  of  such  board  not 
inconsistent  with  the  provisions  of  this  act. 

5.  This  act  shall  take  effect  immediately. 

Approved  March  22,  1901. 

Unexpended  balances  may  be  paid  into  sinking  fund.  L.  1907,  Ch.  249. 


LAWS  OF  1902,  CHAPTER  187,  PAGE  619. 

An  Act  authorizing  the  governing  bodies  of  municipalities,  other  than 
cities,  to  provide,  by  ordinance,  for  the  official  numbering 
of  houses  and  buildings. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  It  shall  be  lawful  for  the  governing  bodies  of  municipalities  in 
this  state,  other  than  cities,  to  provide,  by  ordinance,  for  the  official 
numbering  of  all  houses  and  buildings  within  their  jurisdiction,  and 
to  require  the  owner,  occupant,  lessee  or  party  in  possession  of  any 
building,  at  his  or  their  own  expense,  to  place  thereon,  in  some  con¬ 
spicuous  place,  such  official  number  as  may  be  adopted  and  desig¬ 
nated  for  such  building  by  the  said  governing  body. 

2.  The  expense  of  all  surveys  and  other  works  necessary  to  deter¬ 
mine  such  official  numbers,  and  for  carrying  into  effect  any  such  ordi¬ 
nance,  shall  be  paid  by  the  municipality  out  of  any  fund  available  for 
that  purpose. 

3.  Any  ordinance  adopted  pursuant  hereto  may  prescribe  a  pen¬ 
alty,  not  exceeding  fifty  dollars,  for  its  violation,  which  penalty  may 
be  recovered  by  any  such  municipality  in  any  court  of  competent 
jurisdiction. 

4.  This  act  shall  take  effect  immediately. 

Approved  April  8,  1902. 


SUPPLEMENTAL  ACTS. 


61. 


FIRE  LIMITS.— LAWS  OF  1902,  CHAPTER  222,  PAGE  675. 

An  Act  to  authorize  incorporated  towns  and  boroughs  of  this  state  to 
maintain  a  fire  limit  therein,  and  to  provide  for  the 
proper  enforcement  thereof. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  In  all  incorporated  towns  and  boroughs  of  this  state,  the  mayor 
and  board  of  aldermen,  common  council  or  other  legislative  or  gov¬ 
erning  body  thereof  may  fix  and  determine,  by  ordinance,  a  fire  limit, 
and  that  within  the  limits  so  fixed  and  determined  no  frame  building 
or  wooden  building,  in  whole  or  in  part,  shall  be  built  or  erected ; 
and  that  they  may  also  in  like  manner  determine  the  thickness  of 
partition  and  outside  walls  of  all  buildings  erected  within  the  said 
limits  after  they  are  so  determined ;  provided,  that  said  mayor  and 
board  of  aldermen,  common  council  or  other  legislative  or  governing 
body  may,  by  resolution,  passed  by  a  three-fourths  vote  of  all  the 
members  thereof,  permit  frame  or  wooden,  or  partly  frame  or  wooden 
buildings  to  be  erected  within  said  limits,  when  the  circumstances 
of  the  particular  case  or  cases  in  their  judgment  require  such  exception. 

2.  The  mayor  and  board  of  aldermen,  common  council  or  other 
legislative  or  governing  body  of  any  incorporated  town  or  borough 
wherein  a  fire  limit  is  established  under  this  act,  may  pass  an  ordi¬ 
nance  or  ordinances  to  prohibit  the  erection  of  any  such  building  in 
such  fire  limit,  and  may  therein  provide  for  and  enforce  such  pro¬ 
hibition  by  imposing  a  fine  of  not  more  than  Ten  Dollars  for  each 
and  every  day  that  any  such  prohibited  building,  whether  complete  or 
not,  stands  or  remains  within  such  prescribed  limits,  and  may  pass 
like  ordinances  and  impose  a  like  fine  for  any  building  built  within 
such  limits  contrary  to  an  ordinance  relating  to  the  thickness  of  the 
partition  and  outside  walls  of  buildings  erected  within  such  limits ; 
such  fines  and  penalties  to  be  enforced  by  an  action  or  actions  to  be 
brought  in  the  corporate  name  of  the  incorporated  town  or  borough 
and  in  any  court  of  record,  against  the  owner  or  owners  of  such 
building,  and  that  upon  judgment  or  judgments  obtained  in  any  such 
suit  the  body  of  the  defendant  may  be  taken  upon  execution,  as  in 
action  of  tort. 

3.  This  act  shall  take  effect  immediately. 

Approved  April  2,  1902. 


62 


SUPPLEMENTAL  ACTS. 


LAWS  OF  1902,  CHAPTER  223,  PAGE  676. 

An  Act  to  regulate  the  use  of  wagons,  carriages  and  similar  vehicles,  and 
to  require  uniformity  of  ordinances  affecting  the  same. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  The  several  cities,  towns,  boroughs,  villages,  townships  and 
other  municipalities  of  this  state  shall  have  power  to  pass  ordinances 
regulating  the  use  of  wagons,  carriages  and  similar  vehicles  on  the 
public  streets,  highways,  squares  and  parks,  within  their  limits,  in 
accordance  with  the  provisions  of  this  act,  that  is  to  say : 

1.  To  require  all  wagons,  carriages  and  similar  vehicles,  when  in 
use  on  such  streets,  highways,  squares  or  parks,  to  have  a  lamp  of 
such  illuminating  power  as  to  be  plainly  seen  one  hundred  yards 
ahead,  attached  thereto,  and  kept  lighted  between  one  hour  after  sun¬ 
set  and  sunrise. 

II.  To  provide  that  every  violation  of  any  such  ordinance  shall 
render  the  offender  subject  to  a  fine  not  exceeding  the  sum  of  five 
dollars  for  each  offense,  and  that  by  such  ordinance  it  shall  be  pro¬ 
vided  that  the  justice,  police  judge,  recorder  or  other  magistrate  who 
may  have  jurisdiction  over  such  offenses  in  violation  of  any  such 
ordinance,  may  impose  such  fine  in  his  discretion  as  he  may  think 
proper,  not  exceeding  the  sum  of  five  dollars  for  each  offense. 

2.  Nothing  in  this  act  shall  apply  to  a  non-resident  of  any  city, 
town,  borough,  village,  township  or  other  municipality  being  tempo¬ 
rarily  in  or  passing  through  the  same. 

3.  This  act  shall  take  effect  immediately. 

Approved  April  9,  1902. 

LAWS  OF  1903,  CHAPTER  12,  PAGE  25. 

An  Act  to  amend  an  Act  entitled  “An  Act  to  authorize  the  erection  of 
engine  houses  and  buildings  for  the  protection  of  fire  apparatus  and 
for  other  municipal  purposes  in  towns  of  this  state,  and  the  purchase 
of  lands  whereon  to  erect  said  buildings,”  approved  March  sixth, 
one  thousand  nine  hundred. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  Section  one  of  an  act  entitled  “An  act  to  authorize  the  erection 


SUPPLEMENTAL  ACTS. 


63 


of  engine  houses  and  buildings  for  the  protection  of  fire  apparatus 
and  for  other  municipal  purposes  in  towns  of  this  state,  and  the 
purchase  of  lands  whereon  to  erect  said  buildings,”  is  hereby  amended 
so  as  to  read  as  follows : 

1.  The  common  council  or  other  governing  body  of  any  incorpo¬ 
rated  town  in  this  state  are  hereby  authorized  and  empowered  to  erect 
one  or  more  buildings  suitable  for  the  use  of  the  fire  department  of 
said  town  and  other  municipal  purposes,  and  to  purchase  land  whereon 
to  erect  said  building  or  buildings;  provided,  that  the  aggregate  cost 
of  said  land  and  of  the  erection  of  said  building  or  buildings  in  such 
town  shall  not  exceed  seventy-five  thousand  dollars. 

2.  Section  two  of  said  act  be  amended  so  as  to  read  as  follows : 

2.  To  provide  moneys  necessary  to  carry  this  act  into  effect  the 
common  council  or  other  governing  body  of  any  such  incorporated 
town  shall  have  power  to  issue  bonds  of  such  town  to  an  amount  not 
exceeding  seventy-five  thousand  dollars,  having  not  more  than  twenty 
years  to  run  and  bearing  interest  at  a  rate  not  exceeding  five  per 
centum  per  annum,  and  to  pledge  the  faith,  credit  and  property  of 
said  town  for  the  payment  of  the  principal  and  interest  thereof,  and 
to  provide  for  the  redemption  of  said  bonds  by  taxation. 

3.  This  act  shall  take  effect  immediately. 

Approved  March  3,  1903. 


LAWS  1903,  CHAPTER  45,  PAGE  70. 

Supplement  to  an  Act  entitled  “An  Act  providing  for  the  formation,  estab¬ 
lishment  and  government  of  towns,”  approved  March  seventh,  one 
thousand  eight  hundred  and  ninety-five. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  That  in  addition  to  the  powers  now  possessed  by  the  town 
council  under  the  provisions  of  the  act  to  which  this  is  a  supplement, 
the  council  shall  have  power  by  ordinance  to  provide  for  the  col¬ 
lection,  removal,  treatment  and  disposal  of  ashes  and  garbage,  and 
to  appropriate  and  provide  for  raising  money  by  taxation  for  the 
said  purposes,  or  any  or  either  of  them. 

2.  This  act  shall  take  effect  immediately. 

Approved  March  13,  1903. 


64 


SUPPLEMENTAL  ACTS. 


LAWS  OF  1904,  CHAPTER  37,  PAGE  59. 

A  Supplement  to  an  Act  entitled  “An  Act  providing  for  the  formation,  estab¬ 
lishment  and  government  of  towns,”  approved  March  seventh,  one 
thousand  eight  hundred  and  ninety-five. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  In  all  towns  formed  or  established  under  the  act  to  which  this 
act  is  a  supplement,  or  governed  under  the  provisions  thereof,  the 
council  shall  have  power  to  acquire,  maintain  and  make  available  to 
the  public,  parks  and  open  places  for  public  resort  and  recreation,  and 
shall  have  power  to  locate  within  the  limits  of  said  town  such  public 
parks  and  places,  and  for  such  purpose  shall  have  power  to  take  in 
fee,  or  otherwise,  by  purchase,  gift  or  devise,  lands  and  rights  in 
land  within  said  town ;  and  may  lay  out,  embellish  and  maintain  the 
same,  and  pass  ordinances  providing  for  the  proper  and  convenient 
use  thereof  by  the  public. 

2.  The  council  shall  have  power  to  issue  bonds  of  such  town  for 
the  purpose  of  acquiring  lands  for  such  public  park  or  parks,  and 
for  laying  out,  constructing  and  embellishing  the  same;  such  bonds 
shall  be  designated  as  “park  bonds,”  shall  be  of  such  denomination  as 
the  council  may  determine,  and  shall  bear  interest  at  a  rate  not  to 
exceed  five  per  centum  per  annum;  the  council  shall  also  have  power 
to  assess  and  raise  each  year  a  sum  of  money  for  the  care  and  main¬ 
tenance  of  such  park  or  parks,  said  amount  to  be  assessed  and  col¬ 
lected  at  the  same  time  and  in  the  same  manner  as  other  taxes  are 
assessed  and  collected. 

3.  .  In  any  town  as  aforesaid,  it  shall  be  lawful  for  the  council, 
in  its  discretion,  to  provide  for  and  establish,  by  ordinance,  a  board 
of  park  commissioners,  which  said  board,  when  so  established,  is 
hereby  vested  with  full  power  and  authority  to  lay  out,  construct 
and  embellish  such  park  or  parks  after  the  lands  therefor  shall  have 
been  acquired  by  the  council  as  above  provided,  and  to  adopt  proper 
rules  and  regulations  for  the  use  thereof  by  the  public,  and  to  provide 
for  the  care  and  maintenance  of  the  same ;  the  said  board,  when  estab¬ 
lished,  shall  have  the  power,  exclusive  of  the  council,  to  expend  the 
moneys  raised  for  park  purposes,  other  than  for  the  acquirement  of 
the  land,  whether  from  the  issue  and  sale  of  bonds  or  by  taxation, 


SUPPLEMENTAL  ACTS. 


65 


and  all  moneys  so  raised  for  the  purposes  aforesaid,  except  as  afore¬ 
said,  shall  be  paid  out  by  the  town  treasurer  upon  the  warrant  of 
the  said  board  of  park  commissioners,  signed  by  its  president  and 
attested  by  its  secretary,  and  not  otherwise;  the  said  board  shall 
determine  what  sums  may  be  necessary,  in  the  first  instance,  for  the 
laying  out,  construction  and  embellishment  of  such  park  or  parks, 
and  thereafter,  annually,  for  the  care  and  maintenance  of  the  same, 
and  shall  recommend  to  council,  in  writing,  the  amount  so  to  be 
raised;  in  all  towns  where  such  board  of  park  commissioners  shall 
have  been  established  as  aforesaid  the  council  shall  be  without  power 
to  raise  any  money  for  park  purposes,  either  by  issue  and  sale  of 
bonds  or  by  taxation,  except  upon  the  recommendation  of  said  board ; 
the  sum  so  raised  by  the  council  shall  not  in  any  case  exceed  the 
sum  recommended  by  the  board,  but  the  council  shall  not  be  obliged 
to  raise  the  entire  amount  so  recommended,  but  may  raise  a  less 
amount. 

4.  Such  board  of  park  commissioners  to  be  created  in  pursuance 
of  the  foregoing  section  shall  be  composed  of  three  members  of  the 
council  and  four  freeholders  residing  in  the  town  not  members  of 
the  council,  all  to  be  appointed  by  the  council  upon  the  nomination 
of  the  councilman-at-large;  the  three  members  from  the  council  shall 
hold  office  for  one  year,  two  freeholders  shall  hold  office  for  one 
year  and  two  shall  hold  office  for  two  years,  and  no  more  than  two 
of  said  freeholders  shall  be  appointed  from  any  one  ward ;  the  members 
of  any  such  board  of  park  commissioners  shall  serve  without  com¬ 
pensation,  and  shall  select  annually  from  among  their  own  members 
a  president  and  secretary  of  the  board. 

5.  This  act  shall  be  deemed  a  public  act,  and  shall  take  effect 
immediately ;  provided,  however,  that  this  act  shall  not  repeal  or 
affect  any  other  legislation  or  proceedings  for  park  purposes  and  for 
maintaining  such  parks,  and  this  act  is  hereby  declared  to  be  addi¬ 
tional  legislation  for  such  purposes. 

Approved  March  16,  1904. 


66 


SUPPLEMENTAL  ACTS. 


LAWS  OF  1904,  CHAPTER  88,  PAGE  202. 

An  Act  concerning  the  distribution  of  medicinal  preparations,  advertisements 
and  circulars,  and  regulating  and  prohibiting  the  same. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  It  shall  be  lawful  for  the  common  council  or  other  governing 
body  of  any  city,  town,  township,  borough  or  other  municipality 
within  this  state,  by  ordinance,  to  regulate  and  prohibit  the  distribu¬ 
tion,  depositing  or  leaving  on  the  public  streets,  highways,  public 
places,  or  on  private  property,  or  in  any  private  place  or  places 
within  any  such  municipality,  any  medicine,  medicinal  preparation  or 
preparation  represented  to  cure  ailments  or  diseases  of  the  body  or 
mind,  or  any  samples  thereof,  or  any  advertisements  or  circulars  re¬ 
lating  thereto;  provided,  however,  that  such  municipality  shall  not 
be  authorized  to  prohibit  a  delivery  of  any  such  article  by  handing 
the  same  to  any  person  above  twelve  (12)  years  of  age  willing  to 
receive  the  same. 

2.  It  shall  be  lawful  for  any  such  municipality,  in  and  by  any 
such  ordinance,  to  provide  for  the  imposition  of  a  penalty  of  fifty 
dollars  for  any  violation  thereof. 

This  act  shall  take  effect  immediately. 

Approved  March  28,  1904. 


LAWS  OF  1904,  CHAPTER  125,  PAGE  255. 

An  Act  to  provide  for  the  removal  of  snow,  ice,  grass,  weeds  and  other 
impediments  from  the  sidewalks  and  gutters  of  streets,  avenues  and 
highways  in  municipalities  of  this  state. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  The  board  or  body  having  the  control  and  regulation  of  the 
use  of  the  streets,  avenues,  highways  and  sidewalks  in  any  munici¬ 
pality  of  this  state  shall  be  authorized  and  empowered  to  pass,  amend 


SUPPLEMENTAL  ACTS. 


67 


and  repeal  an  ordinance  or  ordinances  requiring  the  owner,  owners,  oc¬ 
cupant  or  occupants  of  premises  abutting  or  bordering  upon  any  street, 
avenue  or  highway  in  such  municipality  to  remove  all  ice  or  snow  from 
the  sidewalks  and  gutters  of  any  such  street,  avenue  or  highway  within 
eight  hours  of  daylight  after  the  same  shall  be  formed  or  fall  thereon, 
and  all  grass,  weeds  and  other  impediments  within  three  days  after 
notice  to  remove  the  same  given  by  the  officer  or  officers  or  person 
or  persons  having  charge  of  such  sidewalks  and  gutters,  and  to  fix 
and  prescribe  reasonable  penalties  for  the  violation  of  such  ordinance 
or  ordinances,  not  to  exceed  five  dollars  for  each  offense. 

2.  Such  board  or  body  may  provide  in  such  ordinance  or  ordi¬ 
nances  that  in  case  such  snow,  ice,  grass,  weeds  or  other  impediment 
shall  not  be  removed  from  such  sidewalks  or  gutters  by  the  owner 
or  owners  or  occupant  or  occupants  of  any  premises  as  provided  in 
such  ordinance  or  ordinances,  the  same  may  be  removed  by  or  under 
the  direction  of  the  officer  or  officers  or  person  or  persons  having 
charge  of  such  sidewalks  and  gutters ;  and  the  cost  thereof,  as  nearly 
as  can  be  ascertained,  shall  be  certified  to  the  officer  or  officers  or 
board  or  body  whose  duty  it  is  to  assess  and  levy  the  taxes  of  such 
municipality,  and  shall  thereupon  become  and  be  a  first  and  paramount 
lien  upon  such  premises,  and  shall  be  added  to,  recorded  and  collected 
with  and  in  the  same  manner  as  the  taxes  next  to  be  assessed  and 
levied  upon  such  premises. 

3.  The  imposition  and  collection  of  the  fine  imposed  by  any  such 
ordinance  or  ordinances  shall  not  bar  the  right  of  any  municipality 
to  collect  the  cost  of  removal  of  snow,  ice,  grass,  weeds  and  other 
impediments  in  the  manner  herein  authorized,  but  the  remedies  shall 
be  cumulative;  nothing  herein  contained  shall  be  held  to  alter,  repeal 
or  effect  any  ordinance  or  ordinances  of  any  municipality  now  passed. 

4.  This  act  shall  take  effect  immediately. 

Approved  March  28,  1904. 


LAWS  OF  1904,  CHAPTER  127,  PAGE  258. 

An  Act  giving  to  recorders  and  police  justices  of  towns,  jurisdiction  in 
actions  to  enforce  ordinances  of  boards  of  health. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  The  recorder  or  police  justice  of  any  town  shall  have  jurisdic- 


68 


SUPPLEMENTAL  ACTS. 


tion  over  all  actions  brought  to  enforce  ordinances  passed  by  the 
board  of  health  of  such  town,  in  the  same  manner  and  to  the  same 
extent  as  other  actions  brought  to  enforce  ordinances  passed  by  the 
town  council  of  such  town. 

2.  The  police  officers  of  all  towns  are  authorized  and  empowered 
to  serve  all  papers,  processes  and  orders  in  actions  to  enforce  ordi¬ 
nances  passed  by  the  board  of  health  of  said  town,  in  the  same  manner 
and  to  the  same  extent  as  they  are  authorized  now  to  serve  papers, 
processes  and  orders  in  actions  to  enforce  ordinances  of  the  town 
council. 

3.  All  fees,  costs,  fines  and  sums  of  money  in  all  actions  to  enforce 
ordinances  of  the  board  of  health  shall  be  paid  over  to  the  town 
authorities,  in  the  same  manner  and  to  the  same  extent  as  the  same 
are  paid  over  in  actions  to  enforce  ordinances  of  the  town  council. 

4.  This  act  shall  be  deemed  a  public  act  and  shall  take  effect 
immediately. 

Approved  March  28th,  1904. 


LAWS  OF  1905,  CHAP.  164.  PAGE  310. 

Supplement  to  an  Act  entitled  “An  Act  providing  for  the  formation,  estab¬ 
lishment  and  government  of  towns,”  approved  March  7th,  1895. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

L  Hereafter  every  councilman-at-large  elected  and  holding  office 
in  accordance  with  the  provisions  of  the  act  to  which  this  is  a  supple¬ 
ment  shall  be  officially  known  and  designated  as  the  mayor  of - 

(inserting  in  the  blank  the  name  of  the  town  in  which  he  shall  be 
elected  and  holding  office)  ;  such  official  shall  be  designated  as  herein 
prescribed  in  all  official  documents  and  instruments  of  every  kind, 
and  shall  sigh  all  ordinances,  warrants,  bonds,  notes,  contracts  and  all 
other  official  documents  and  instruments  by  said  title ;  and  at  all 
elections  hereafter  held  in  such  municipalities  candidates  for  the  office 
heretofore  known  as  councilman-at-large  shall  be  designated  and  voted 
for  under  the  title  of  mayor;  provided,  that  nothing  herein  shall  in  any 


SUPPLEMENTAL  ACTS. 


69 


way  affect  the  term  of  office,  powers,  duties  or  emoluments  of  the 
officer  whose  title  is  hereby  changed. 

2.  This  act  shall  take  effect  immediately. 

Approved  April  17,  1905. 


FIRE  LIMITS.— LAWS  OF  1905,  CHAPTER  185,  PAGE  341. 

Supplement  to  an  Act  entitled  “An  Act  providing  for  the  formation,  estab¬ 
lishment  and  government  of  towns,”  approved  March  7th,  1895. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  In  addition  to  the  powers  now  given  to  the  council  of  the  towns 
governed  by  the  act  to  which  this  act  is  a  supplement,  the  town  council 
of  every  such  town  shall  have  power  by  ordinance  to  regulate  and 
control  the  manner  of  building  dwelling  houses  and  all  other  build¬ 
ings,  and  to  prohibit  within  certain  limits,  to  be  from  time  to  time 
prescribed  by  ordinance,  the  building  or  erection  of  any  dwelling 
house,  store,  stable  or  other  building,  of  wood  or  other  combustible 
material,  and  to  prescribe  by  ordinance  the  kind  of  materials  to  be 
used  in  such  construction ;  to  regulate  the  construction  of  chimneys 
and  to  compel  the  sweeping  thereof ;  to  regulate  and  require  the  con¬ 
struction  of  fire  escapes ;  to  regulate  the  setting  up  and  the  construc¬ 
tion  of  furnaces,  stoves,  boilers,  ovens  or  other  things  so  as  to  prevent 
danger  from  their  use;  to  regulate  or  prohibit  the  manufacture,  sale, 
keeping,  storage  or  use  of  fireworks  in  said  town ;  to  regulate  or  pro¬ 
hibit  the  manufacture,  sale,  storage,  keeping  or  conveying  of  gun¬ 
powder,  kerosene,  benzine,  gasoline,  burning  fluid,  nitro-glycerine, 
dynamite,  camphene,  coal  oil,  spirit  gas,  petroleum  and  other  danger¬ 
ous  or  explosive  materials,  and  the  use  of  candles  and  lights  in  barns, 
stables  and  other  buildings;  to  appoint  an  inspector  of  buildings,  and 
to  prescribe  his  powers  and  duties ;  to  prevent  the  occupation  or  con¬ 
tinuance  of  work  upon  any  building  in  such  town  which  has  been 
condemned  by  the  inspector  of  buildings  in  such  town,  and  to  remove 
or  destroy  such  building  at  the  expense  of  the  owners  thereof. 

2.  This  act  shall  take  effect  immediately. 

Approved  April  20,  1905. 


70 


SUPPLEMENTAL  ACTS. 


LAWS  OF  1906,  CHAPTER  21,  PAGE  34. 

An  Act  to  further  amend  an  Act  entitled  “A  supplement  to  an  Act  en¬ 
titled  ‘An  act  providing-  for  the  formation,  establishment  and  govern¬ 
ment  of  towns,’  approved  March  7,  1895,”  which  supplement  was 
approved  March  31,  1897. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  Section  one  of  the  act  to  which  this  is  an  amendment  is  hereby 
amended  so  as  to  read  as  follows : 

1.  In  towns  formed  or  established  under  the  provisions  of  the  act 
to  which  this  is  a  supplement,  whenever  the  council  shall  by  resolu¬ 
tion,  adopted  by  the  unanimous  vote  of  all  the  members  of  the  council, 
determine  that  it  is  to  the  interest  of  the  town  that  any  street,  avenue, 
highway,  or  section  thereof,  may  be  graded,  flagged,  macadamized, 
paved,  curbed,  guttered  or  have  a  sidewalk  of  any  material  constructed 
thereon,  or  have  a  sewer,  underground  drain  or  culvert  constructed 
therein,  or  be  otherwise  improved,  the  council  may,  of  its  own  motion 
initiate  a  proceeding  for  such  grading,  flagging,  macadamizing,  curbing, 
guttering  or  the  construction  of  such  sidewalk,  sewer,  underground 
drain,  or  culvert,  or  making  such  other  improvement,  in  the  manner 
provided  for  in  section  sixty-four  of  the  act  to  which  this  is  a  supple¬ 
ment,  except  that  it  shall  not  be  necessary  to  have  presented  to  the  coun¬ 
cil  any  petition,  either  from  the  owners  of  one-sixth  of  the  land  front¬ 
ing  on  the  street,  avenue,  highway  or  section  thereof,  proposed  to  be 
improved,  or  of  ten  freeholders;  but  such  resolution,  so  adopted  by 
the  unanimous  vote  of  all  the  members  of  the  council,  shall  take  the 
place  of  such  petition,  and  it  shall  not  be  necessary,  in  case  of  such 
proceedings,  to  require  the  deposit  of  any  money  to  defray  costs  and 
expenses  incurred  in  such  proceedings,  and  at  any  time  after  the 
time  named  in  the  notice  for  objections  therein  provided  for,  the 
council  may  proceed  to  pass  an  ordinance  for  such  improvement,  not¬ 
withstanding  the  objection  of  the  owners  of  the  land  fronting  on 
such  proposed  improvement ;  provided,  hozvever,  that  such  ordinance 
shall  also  be  passed  by  a  unanimous  vote  of  all  the  members  of  said 
council. 

2.  This  act  shall  take  effect  immediately. 

Approved  March  20,  1906. 


SUPPLEMENTAL  ACTS. 


71 


LAWS  OF  1906,  CHAPTER  254,  PAGE  533. 

A  Supplement  to  an  Act  entitled  “An  Act  providing  for  the  formation,  estab¬ 
lishment  and  government  of  towns,”  approved  March  7th,  1895. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey: 

1.  In  addition  to  the  powers  heretofore  conferred  upon  the  town 
council  of  towns  organized  under  the  provisions  of  the  act  to  which 
this  is  a  supplement,  the  said  council  shall  have  power  by  ordinance 
to  vacate  any  street,  avenue  or  highway,  or  any  part  or  section  thereof 
that  has  not  been  opened,  graded  and  improved,  or,  if  opened,  graded 
and  improved,  has  not  been  used  as  a  public  thoroughfare  for  a  period 
of  two  years,  whenever  a  petition  therefor  in  writing  shall  be  presented 
to  the  council  at  a  stated  meeting  thereof  signed  by  the  owner  or 
owners  of  all  the  land  abutting  upon  both  sides  of  the  street,  avenue 
or  highway,  or  section  thereof,  to  be  vacated,  which  petition  shall  be 
under  the  seals  of  the  said  owners,  and  duly  signed  and  acknowledged 
or  proved  in  the  manner  in  which  conveyances  of  land,  tenements  or 
hereditaments  in  the  State  of  New  Jersey  are  required  to  be  acknowl¬ 
edged  or  proved,  and  shall  contain  a  release  to  the  said  municipality 
of  all  rights  in  said  street,  or  section  of  a  street,  as  a  public  highway, 
and  a  waiver  of  all  claims  for  remuneration  or  damage  by  reason  of 
the  closing  of  the  same.  The  town  council  shall  then,  or  at  a  stated 
meeting  to  be  held  thereafter,  fix  a  time  and  place,  when  and  where 
it  will  meet  to  consider  all  objections  in  writing  to  the  vacation  of  the 
street,  avenue  or  highway,  or  any  part  or  section  thereof  petitioned 
for,  and  shall  cause  a  notice  of  the  presentation  of  such  petition  to 
be  printed  in  the  official  newspaper  in  the  town,  or,  if  there  be  none, 
in  a  newspaper  published  in  the  county  and  circulating  in  the  town, 
for  two  weeks  successively  next  preceding  the  said  time  fixed  by  the 
council,  at  least  once  in  each  week,  which  notice  shall  contain  a 
general  description  of  the  vacation  proposed,  and  the  object  and  pur¬ 
pose  of  the  petition  presented  to  the  council,  and  shall  state  the  time 
and  place  when  and  where  the  council  will  meet  to  hear  and  consider 
objections  to  the  vacation  of  any  street,  avenue  or  highway,  or  any 
part  or  section  thereof,  petitioned  for  which  may  be  presented  in 
writing;  and  the  town  clerk  shall  post  copies  of  such  notice  in  five 


72 


SUPPLEMENTAL  ACTS. 


public  places  of  the  town  at  least  ten  days  prior  to  the  said  time  fixed 
by  the  council  for  the  hearing  of  objections;  and  all  objections,  at 
such  time  and  place  presented  in  writing,  the  council  shall  consider 
and  adjudicate  upon;  provided,  however,  that  no  ordinance  for  said 
purpose  shall  be  passed  unless  it  shall  receive  the  votes  of  two-thirds 
of  the  members  of  the  council. 

2.  This  act  shall  take  effect  immediately. 

Approved  May  17,  1906. 


LAWS  OF  1906,  CHAPTER  259,  PAGE  541. 

An  Act  to  amend  a  supplement  to  an  act  entitled  “An  Act  for  protection 
against  mad  dogs,”  approved  March  26,  1889. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  The  supplement  to  an  act  entitled  “An  act  for  protection  against 
mad  dogs,”  approved  March  26,  1889,  be  and  the  same  is  hereby 
amended  to  read  as  follows : 

1.  The  common  council  of  any  incorporated  city,  town  or  borough, 
and  the  township  committee  of  any  township  in  this  state  are  hereby 
authorized  and  empowered  to  appoint  one  or  more  persons  in  their 
respective  cities,  towns,  boroughs  or  townships,  with  full  power  and  au¬ 
thority  to  kill  any  dog,  male  or  female,  found  running  at  large  without 
a  muzzle,  within  such  cities,  towns,  boroughs  or  townships,  after  a 
proclamation  shall  have  been  issued  in  pursuance  of  the  first  section  of 
the  act  to  which  this  is  a  supplement,  and  such  person  or  persons  so  ap¬ 
pointed  shall  have  full  power  and  authority  and  they  are  hereby  author¬ 
ized  to  kill  any  dog,  male  or  female,  found  running  at  large  within 
their  respective  cities,  towns,  boroughs  or  townships  in  which  such  a 
proclamation  shall  have  been  issued,  after  said  proclamation  shall 
have  been  issued  for  one  day;  provided,  that  nothing  in  this  act  shall 
empower  or  authorize  said  officers  to  kill  any  dog  or  dogs  accom¬ 
panied  by  the  owner  or  owners  of  such  dog  or  dogs. 

2.  The  common  council  of  any  incorporated  city,  town,  borough, 
and  the  township  committee  of  any  township,  are  hereby  authorized  to 


SUPPLEMENTAL  ACTS. 


73 


fix  the  compensation  to  be  paid  to  any  person  or  persons  appointed  as 
above  provided  for,  and  to  pay  the  same  out  of  any  moneys  in  the 
treasury  of  such  city,  town,  borough  or  fownship. 

3.  This  act  shall  take  effect  immediately. 

Approved  May  17,  1906. 


LAWS  OF  1907,  CHAPTER  22,  PAGE  47. 

A  further  Supplement  to  an  Act  entitled  “An  Act  to  provide  for  the  forma¬ 
tion,  establishment  and  government  of  towns,”  approved  March  7,  1895. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey: 

1.  It  shall  be  lawful  for  the  town  council  of  any  town  governed 
by  the  provisions  of  the  act  to  which  this  is  a  supplement,  by  ordi¬ 
nance,  to  vacate  any  street,  road,  alley  or  public  place  dedicated  by 
the  owner  of  any  lands  in  such  town,  where  such  street,  road,  alley 
or  public  place  shall  not  have  been  lawfully  accepted  by  such  town,  and 
shall  not  have  been  actually  opened,  worked  and  used  by  the  public; 
provided,  that  there  shall  first  be  presented  to  the  town  counsel  a 
petition,  signed  by  the  owner  or  owners  of  all  the  lands  fronting 
on  such  street,  road,  alley  or  public  place  so  vacated,  and  upon  the 
passage  of  such  ordinance,  all  rights  of  the  public  in  such  street,  road, 
alley  or  public  place  so  vacated  shall  be  forever  extinguished. 

2.  This  act  shall  take  effect  immediately. 

Approved  April  1,  1907. 


LAWS  OF  1907,  CHAPTER  194,  PAGE  443. 

An  Act  concerning  the  enforcement  of  ordinances  in  incorporated  towns. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  The  recorder,  police  justices  or  other  officers  having  criminal 


74 


SUPPLEMENTAL  ACTS. 


jurisdiction  and  who  have  been  or  are  hereafter  appointed  by  the 
governing  body  of  any  incorporated  town,  incorporated  under  any 
general  or  special  act  of  the  Legislature,  are  hereby  empowered  upon 
oath,  affirmation  or  affidavit,  made  according  to  law,  that  any  person 
or  persons  has  violated  any  ordinance  of  the  town,  to  issue  process 
in  the  nature  of  a  summons  or  warrant,  in  his  discretion,  at  the  suit  of 
the  said  town  against  any  person  or  persons  so  charged  (whether  the 
person  so  charged  be  a  freeholder  in  said  town  or  otherwise),  which 
process  shall,  when  in  the  nature  of  a  warrant,  be  returnable  forth¬ 
with,  and  when  in  the  nature  of  a  summons,  in  not  less  than  three 
nor  more  than  five  days ;  such  process  shall  state  what  ordinance  is 
alleged  to  have  been  violated  by  the  defendant,  and  on  the  return  of 
such  process,  or  at  any  time  to  which  the  trial  may  be  adjourned, 
the  recorder,  police  justice  or  other  officer  having  criminal  jurisdic¬ 
tion  as  aforesaid,  shall  proceed  to  hear  testimony  and  to  determine 
and  give  judgment  in  the  matter  without  the  filing  of  any  pleading, 
a  copy  of  the  ordinance  alleged  to  have  been  violated,  certified  under 
the  hand  of  the  clerk  of  such  town,  shall  be  taken  as  full  and  legal 
proof  of  the  existence  of  such  ordinance,  and  that  all  the  requirements 
of  law  in  relation  to  the  ordering,  publishing  and  making  of  the  same 
have  been  complied  with,  unless  the  contrary  be  shown;  if  the  said 
recorder,  police  justice  or  other  officer  having  criminal  jurisdiction  as 
aforesaid,  shall  find  the  defendant  guilty,  he  shall  give  judgment  for 
the  penalty  and  for  such  costs  as  are  allowed  in  the  justice’s  court 
for  the  like  proceeding;  and  he  shall  also,  at  the  same  time,  and  as 
part  of  such  judgment  sentence  the  defendant,  in  default  of  the  pay¬ 
ment  of  such  judgment  and  costs,  to  the  town  lock-up  or  county  jail, 
for  such  period  as  may  be  authorized  by  such  ordinance ;  and  if  no 
time  be  fixed  in  such  ordinance,  then  for  any  period  not  exceeding 
thirty  days,  in  his  discretion ;  provided,  in  all  cases  where  the  fine  or 
penalty  shall  exceed  ten  dollars,  or  where  the  punishment  shall  be 
imprisonment,  there  may  be  a  trial  by  jury,  to  be  conducted  as  in 
cases  now  triable  in  the  court  for  the  trial  of  small  causes. 

2.  Every  conviction  for  violating  a  town  ordinance  had  before  the 
recorder,  police  justice  or  other  officer  having  criminal  jurisdiction  as 
aforesaid,  either  with  or  without  a  jury  trial,  may  be  reviewed  by 
appeal  to  the  Court  of  Common  Pleas  of  the  county  in  the  same  man¬ 
ner  and  upon  the  same  terms  as  appeals  are  or  may  be  taken  from 
courts  for  the  trial  of  small  causes,  and  in  case  the  judgment  appealed 


SUPPLEMENTAL  ACTS. 


75 


from  shall  be  imprisonment,  the  said  recorder,  police  justice  or  other 
officer  having  criminal  jurisdiction  as  aforesaid,  or  any  judge  of  the 
Court  of  Common  Pleas  may  admit  to  bail  the  party  appealing  during 
the  pendency  of  his  appeal;  but  no  judgment  for  the  violation  of 
any  ordinance  shall  be  reversed  for  any  imperfection,  omission,  defect 
on  or  lack  of  form,  nor  for  any  error  except  such  as  shall  or  may 
have  prejudiced  the  defendant  in  maintaining  his  defense  upon  the 
merits. 

3.  Every  member  of  the  council  or  board  of  aldermen  during 
his  term  of  office,  and  any  policeman  of  said  town  shall  have  the 
power,  on  witnessing  any  violation  of  a  town  ordinance,  to  arrest 
and  take  into  custody,  without  warrant,  the  offender  or  offenders, 
whether  the  offender  be  a  freeholder  in  said  town  or  not,  and  take 
the  offender  or  offenders  before  the  recorder,  police  justice  or  other 
officer  having  criminal  jurisdiction  as  aforesaid,  of  the  town,  for  a 
hearing. 

6.  This  act  shall  take  effect  immediately. 

Approved  May  15,  1907. 


LAWS  OF  1907,  CHAPTER  255,  PAGE  647. 

A  Supplement  to  an  Act  entitled  “A  Supplement  to  ‘An  Act  to  regulate 
the  sale  of  spirituous,  vinous,  malt  and  brewed  liquors  and  to  repeal 
an  Act  entitled  “An  Act  to  regulate  the  sale  of  intoxicating  and  brewed 
liquors,”  passed  March  7,  1888/  approved  March  20,  1889,”  which 
supplement  was  approved  April  13,  1896. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  It  shall  not  be  necessary  hereafter  for  any  applicant  for  a 
license  to  keep  an  inn  or  tavern  or  other  house  of  public  entertainment 
to  be  a  resident  of  the  city,  town,  township  or  other  municipality  in 
which  such  inn,  tavern  or  other  house  of  public  entertainment  exists, 
for  at  least  one  year  excepting  in  counties  of  the  first  class. 

2.  All  acts  and  parts  of  acts  inconsistent  herewith  are  repealed, 
and  this  act  shall  take  effect  immediately. 

Passed  June  18,  1907. 


76 


SUPPLEMENTAL  ACTS. 


LAWS  OF  1908,  CHAPTER  26,  PAGE  39. 

Supplement  to  an  Act  entitled  “An  Act  providing  for  the  formation,  estab¬ 
lishment  and  government  of  towns,”  approved  March  7,  1895,  pro¬ 
viding  for  the  sprinkling  of  the  streets,  avenues,  highways  and  public 
places,  or  portions  thereof,  with  water,  oil  or  other  liquids  to  preserve 
the  same  and  to  lay  the  dust. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  The  town  council  of  every  town  organized  under  the  act  to 
which  this  is  a  supplement  is  hereby  authorized  and  empowered  by 
ordinance  to  provide  for  the  sprinkling  with  water,  oil  or  other  liquid 
the  surface  of  any  street,  avenue,  highway  or  public  place  in  such 
town  or  portion  thereof,  for  the  purpose  of  preserving  the  surface 
of  said  street,  avenue,  highway  and  public  place,  and  of  laying  the 
dust  thereof. 

Provided,  however,  that  before  the  final  passage  of  any  such  ordi¬ 
nance  public  notice  shall  be  given  of  the  consideration  thereof  on 
final  passage  by  publication  in  the  official  paper  of  the  town  by  at 
least  one  insertion  one  week  before  the  meeting  at  which  said  ordi¬ 
nance  shall  be  finally  considered  and  adopted. 

And  provided  further,  that  if  at  such  meeting  there  shall  be  pre¬ 
sented  a  protest  in  writing,  signed  by  owners  of  at  least  fifty  per 
centum  of  the  real  estate  fronting  on  such  street,  avenue,  highway  or 
public  street,  or  portion  thereof,  to  be  sprinkled,  such  ordinance  shall 
not  be  adopted  by  the  town  council. 

2.  The  sprinkling  of  any  street,  avenue,  highway  or  public  place, 
or  portion  thereof,  authorized  by  ordinance  passed  under  the  pro¬ 
visions  of  this  act,  shall  be  done  by  contract,  and  the  cost  thereof 
shall  be  ascertained  and  certified  by  the  town  council  by  resolution 
to  the  board  of  assessment  of  such  town  on  or  before  the  first  day 
of  November  in  each  year,  which  board  of  assessment  shall  assess 
upon  the  land  and  real  estate  fronting  on  such  street,  avenue,  highway 
or  public  place,  or  portion  thereof,  such  part  of  the  cost  of  such 
sprinkling  as  may  represent  the  special  benefits  conferred  upon  such 
land  and  real  estate  by  said  work. 

It  shall  be  the  duty  of  the  board  of  assessment  to  give  notice  by 
publication  in  the  official  newspaper  of  the  town  by  at  least  one 


SUPPLEMENTAL  ACTS. 


77 


insertion  one  week  before  their  meeting  of  the  time  and  place  at 
which  they  will  meet,  consider  and  determine  the  assessments  to  be 
made  hereunder,  which  meeting  may  be  adjourned  from  time  to  time, 
but  not  beyond  the  first  day  of  December  in  each  year. 

The  board  of  assessment  shall  on  or  before  the  first  day  of  Decem¬ 
ber  in  each  year  certify  to  the  collector  of  the  town  the  amounts  as¬ 
sessed  against  the  lands  and  real  estate  benefited  by  such  street 
sprinkling,  and  which  amount  shall  be  payable  on  the  twentieth  day 
of  December  of  each  year  and  shall  be  collected  by  the  town  collector 
in  the  same  manner  as  the  taxes  for  the  current  year  shall  be  collected 
by  him,  and  shall  be  and  remain  a  lien  upon  such  lands  and  real  estate 
until  paid. 

3.  To  defray  the  cost  of  such  street  sprinkling,  the  town  council 
is  authorized  to  appropriate  any  moneys  raised  for  the  purpose  of 
the  maintenance  and  repair  of  streets,  or  any  unexpended  balances, 
and  if  no  such  money  is  available  is  authorized  to  borrow  the  necessary 
money  upon  temporary  obligations  of  the  town. 

4.  This  act  shall  take  effect  immediately. 

Approved  March  25,  1908. 


LAWS  1908,  CHAPTER  104,  PAGE  159. 

An  Act  to  amend  an  Act  entitled  “A  Supplement  to  an  Act  entitled  ‘An 
Act  providing  for  the  formation,  establishment  and  government  of 
towns,’  approved  March  7,  1895,  which  Supplement  was  approved 
March  16,  1904. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  Section  one  of  the  act  to  which  this  is  an  amendment  is 
hereby  amended  so  as  to  read  as  follows : 

1-  In  all  towns  formed  or  established  under  the  act  to  which 
this  is  a  supplement,  or  governed  under  the  provisions  thereof,  the 
council  shall  have  power  to  acquire,  maintain  and  make  available  to 
the  public,  parks  and  open  places  for  public  resort  and  recreation, 
and  shall  have  power  to  locate  within  the  limits  of  said  town  such 
public  parks  and  places,  and  for  such  purpose  shall  have  power  to 


78 


SUPPLEMENTAL  ACTS. 


take  in  fee,  or  otherwise,  by  purchase,  lease,  gift  or  devise,  or  by 
condemnation  proceedings,  with  the  right  of  appeal  from  the  award 
of  the  commissioners,  lands  and  rights  in  land  within  said  town;  and 
may  lay  out,  embellish  and  maintain  the  same,  and  pass  ordinances 
providing  for  the  proper  and  convenient  use  thereof  by  the  public. 

Approved  April  7,  1908. 


LAWS  OF  1908,  CHAPTER  137,  PAGE  206. 

An  Act  relating  to  the  opening,  grading,  paving,  improving  and  repairing 
of  avenues,  streets,  alleys  and  thoroughfares  in  towns,  and  the  amount 
of  money  to  be  expended  therefor  in  any  year. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  It  hereafter  shall  be  lawful  for  any  town  in  this  state  by  its 
common  council,  board  of  aldermen  or  other  governing  body,  to  fix 
and  regulate  by  resolution  the  amount  of  money  to  be  expended  in 
any  year  for  the  opening,  grading,  paving,  improving  and  repairing  of 
avenues,  streets,  alleys  and  thoroughfares  in  such  town;  provided, 
that  the  sum  to  be  expended  in  any  one  year  shall  not  exceed  twenty 
thousand  dollars ;  and  provided  further,  that  this  act  shall  not  be  held 
to  reduce  the  amount  to  be  expended  in  any  town  already  fixed  or 
allowed  by  any  other  law,  whether  general  or  special. 

2.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed,  and  this  act  shall  take  effect  immediately. 

Approved  April  9,  1908. 


LAWS  OF  1908,  CHAPTER  146,  PAGE  221. 

An  Amendment  to  an  Act  entitled  “A  Supplement  to  an  Act  entitled  ‘An 
Act  to  regulate  the  sale  of  spirituous,  vinous,  malt  and  brewed  liquors, 
and  to  repeal  an  Act  entitled  “An  Act  to  regulate  the  sale  of  intoxi¬ 
cating  and  brewed  liquors,”  passed  March  7,  1888,’  passed  March  30, 
1889,”  which  supplement  was  approved  March  28,  1895. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  Hereafter  in  all  cities,  towns,  boroughs  or  townships  a  license 


SUPPLEMENTAL  ACTS. 


79 


fee  of  not  less  than  one  hundred  dollars  shall  be  paid  by  every  person 
carrying  on  within  any  city,  town,  borough  or  township  the  business 
of  buying  beer  in  quantities  and  bottling  and  selling  the  same  when 
bottled  not  to  be  drunk  on  the  premises  where  sold ;  provided,  hozv- 
ever,  that  any  person  having  what  is  known  as  a  wholesale  license 
for  the  sale  of  spirituous,  vinous,  malt  or  brewed  liquors  in  quantities 
from  one  quart  to  five  gallons  not  to  be  drunk  on  the  premises  where 
sold,  shall  be  exempt  from  the  provisions  or  operations  of  this  act. 

2.  Section  three  of  said  supplemental  act  be  amended  so  as  to 
read  as  follows : 

3.  From  and  after  the  expiration  of  thirty  days  next  succeeding 
the  passage  of  this  act  every  person,  except  those  mentioned  in  the 
proviso  of  section  one  of  this  act,  carrying  on  the  business  specified 
in  section  one  of  this  act  without  a  license  for  that  purpose  first  had 
and  obtained,  as  in  said  section  directed,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  im¬ 
prisonment  for  a  term  not  exceeding  six  months  or  by  a  fine  not 
exceeding  three  hundred  dollars,  or  either  or  both,  at  the  discretion 
of  the  court  before  which  said  conviction  shall  be  had. 

3.  This  act  shall  take  effect  immediately. 

Approved  April  10,  1908. 


LAWS  OF  1908,  CHAPTER  152,  PAGE  230. 

An  Act  relating  to  the  publication  of  statements  of  the  financial  concerns 
or  condition  of  certain  towns  in  this  state. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  From  and  after  the  passage  of  this  act  in  any  town  in  this 
state,  it  shall  not  hereafter  be  necessary  to  have  published  in  any 
newspaper  printed  and  published  in  said  town  any  monthly  statement 
or  statements  of  the  financial  concerns  and  condition  of  such  town ; 
provided,  however,  that  a  full  and  complete  annual  statement  of  the 
financial  concerns  and  condition  of  such  town  shall  be  published  as 
heretofore  at  the  end  of  the  fiscal  year  of  such  town. 


80 


SUPPLEMENTAL  ACTS. 


2.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  re¬ 
pealed,  and  this  act  shall  take  effect  immediately. 

Approved  April  10,  1908. 


LAWS  OF  1908,  CHAPTER  153,  PAGE  230. 

An  Act  authorizing  and  empowering  towns  in  this  State  to  appoint  the 
assessors  of  taxes,  and  regulate  the  salaries  and  compensation  of  such 
assessors. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey : 

1.  From  and  after  the  passage  of  this  act,  and  its  acceptance  or 
adoption  as  herein  provided,  it  shall  be  lawful  for  any  town  by  its 
common  council,  board  of  aldermen  or  other  governing  body,  to 
appoint  one  or  three  assessors  of  taxes,  to  appraise  and  value  the 
property  of  said  town,  and  assess  the  taxes  throughout  the  said  town. 

2.  That  such  assessor  or  assessors  shall  be  appointed  at  a  regular 
meeting  of  such  common  council,  board  of  aldermen  or  other  govern¬ 
ing  body,  the  number  to  be  elected  and  the  salary  or  compensation  to 
be  paid  having  first  been  determined  by  resolution  or  ordinance  of 
the  common  council,  board  of  aldermen  or  other  governing  body,  duly 
passed  and  adopted. 

That  the  salary  or  compensation  of  such  assessor,  in  case  one  is 
appointed  for  such  town,  shall  not  exceed  the  sum  of  twelve  hundred 
dollars  per  annum,  and  in  case  three  are  appointed,  the  salary  or  com¬ 
pensation  of  each  shall  not  exceed  the  sum  of  five  hundred  dollars 
per  annum. 

4.  The  assessor  or  assessors  hereby  constituted  and  hereafter  to 
be  appointed  under  this  act  shall  be  instead  of  and  take  the  place  of 
and  perform  the  duties  of  any  and  all  other  assessors  of  taxes  in 
such  town  as  may  accept  or  adopt  this  act,  and  the  terms  of  office 
of  all  assessors  of  taxes  in  such  town,  except  those  appointed  under 
this  act,  shall  be  and  are  hereby  terminated,  and  ended,  upon  the 
expiration  of  one  month  after  the  acceptance  or  adoption  of  this  act 
by  any  town  in  this  state. 

5.  The  term  of  office  of  any  assessor  appointed  under  this  act 


SUPPLEMENTAL  ACTS. 


81 


shall  be  three  years ;  provided,  however,  that  the  term  of  such  as  shall 
be  first  appointed  shall  extend  from  one  month  after  the  day  of 
appointment  and  for  three  years  after  the  thirty-first  day  of  December 
next  succeeding  the  date  of  such  appointment. 

6.  This  act  shall  only  become  operative  in  any  such  town  when 
its  provisions  are  accepted  by  ordinance  of  the  common  council,  board 
of  aldermen  or  other  governing  body  thereof. 

7.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed,  and  this  act  shall  take  effect  immediately. 

Approved  April  10,  1908. 


LAWS  OF  1908,  CHAPTER  261,  PAGE  553. 

An  Act  respecting  sewers  and  sewer  connections  in  towns  of  this  state,  and 
to  provide  for  the  payment  of  the  costs  of  construction  thereof. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of 
New  Jersey: 

1.  In  all  towns  of  this  state  which  have  or  may  hereafter  have  a 
sewer  system,  or  where  sewers  are  being  constructed,  the  mayor  and 
board  of  aldermen,  or  other  governing  body  of  such  town,  shall  have 
power  and  authority  by  ordinance  to  compel  owners  of  property 
fronting  or  abutting  on  any  street,  highway,  lane  or  avenue,  where 
sewers  have  been  or  are  being  constructed,  to  construct  house  connec¬ 
tions,  of  such  number,  character  and  location,  and  within  such  time 
as  shall  be  determined  upon  by  them,  such  house  connections  to 
extend  from  the  sewer  to  the  curb  line  of  the  lot  or  plot,  and  to  be 
of  such  character,  and  constructed  in  such  manner  as  shall  be  desig¬ 
nated  in  said  ordinance. 

2.  The  number  and  location  of  house  connections  to  be  made  shall 
be  shown  on  a  map  to  be  prepared  under  the  direction  of  the  mayor 
and  board  of  aldermen,  or  other  governing  body  of  such  town,  and 
filed  with  the  clerk  before  the  introduction  of  such  ordinance,  and 
such  connections  shall  be  specified  and  designated  in  said  ordinance 
by  reference  to  said  map. 

3.  In  case  any  property  owner  shall  not  comply  with  the  terms 


82 


SUPPLEMENTAL  ACTS. 


of  said  ordinance,  but  shall  neglect  to  make  such  sewer  connections 
within  the  time  aforesaid,  the  said  mayor  and  board  of  aldermen  or 
other  governing  body  of  such  incorporated  town  may  build  and  con¬ 
struct  the  same,  and  the  cost  and  expense  of  so  doing  shall  become 
a  lien  upon  the  said  property,  and  collected  in  the  manner  hereinafter 
stated ;  provided,  however,  that  a  statement  of  the  amount  of  such 
costs  and  expenses  signed  by  the  town  clerk  shall  be  filed  within  thirty 
days  after  such  connections  are  made  with  the  county  clerk,  and 
recorded  by  him  in  the  clerk’s  office  of  such  county.  Such  costs  and 
expenses  shall  become  a  lien  on  the  date  of  filing  said  statement  in 
the  office  of  the  county  clerk,  who  shall  index  the  same. 

4.  In  case  any  sewer  connection  shall  be  made  by  such  town,  as 
provided  for  in  the  third  section  of  this  act,  one-third  of  the  cost  and 
expense  thereof,  with  interest  at  the  rate  of  six  per  centum  per  annum, 
shall  be  payable  on  demand,  as  soon  as  the  sewer  running  through 
such  street,  highway,  lane  or  avenue  shall  be  opened  and  ready  for 
use;  one-third  thereof  with  interest  as  aforesaid  shall  be  due  and 
payable  one  year  thereafter,  and  the  balance  of  said  cost  and  expense, 
with  interest  as  aforesaid,  in  two  years  thereafter;  and  upon  failure 
of  such  owner  to  pay  said  installments  as  they  shall  become  due  in 
manner  aforesaid,  the  amount  thereof  shall  be  certified  to  the  col¬ 
lector  by  the  town  clerk  and  collected  by  him  at  the  same  time  and 
manner  as  taxes  are  collected.  Upon  payment,  the  lien  may  be  satis¬ 
fied  of  record  in  the  same  way  and  manner  as  judgments  are  dis¬ 
charged  of  record.  Any  owner  shall  have  the  right  at  any  time  to 
anticipate  the  payment  of  any  of  said  installments. 

5.  In  order  to  defray  the  costs  and  expense  of  making  such  con¬ 
nection  the  mayor  and  board  of  aldermen  or  other  governing  body  of 
such  town,  may  by  resolution  borrow  from  time  to  time  such  sums 
as  shall  be  necessary  to  defray  the  costs  and  expenses  of  so  doing, 
upon  the  note  or  notes  of  such  town  drawing  interest  at  a  rate  not 
exceeding  five  per  cent,  per  annum,  which  note  or  notes  so  issued  as 
aforesaid  may  be  renewed  from  time  to  time  as  occasion  shall  require, 
but  shall  be  paid  as  fast  as  the  assessments  or  installments  are  col¬ 
lected  as  aforesaid. 

6.  The  word  “house  connections”  in  this  act  shall  be  construed  to 
include  connections  to  be  made  by  pipes  to  be  laid  between  the  line 
of  any  sewer  and  the  curb  line  of  any  street,  highway,  lane  or  avenue 
in  which  such  sewer  is  laid,  whether  or  not  there  shall  be  any  house 


SUPPLEMENTAL  ACTS. 


83 


or  building  upon  the  property  or  lot  in  front  of  which  such  connection 
or  connections  is  or  shall  be  made  for  the  benefit  of  said  property 
or  lot. 

7.  The  power  granted  and  provision  contained  in  this  act  shall  be 
in  extension  and  not  in  limitation  of  the  powers  already  conferred 
by  statute  upon  towns,  and  this  act  shall  take  effect  immediately. 

Approved  April  14,  1908. 


ABSTRACT  OF  LAWS. 


CONTAINED  IN  COMPILATION  OF  1902  AND  NOT  REPEALED,  WITH 
ANNOTATIONS  AND  ADDITIONS. 


An  act  to  regulate  fees  with  amendments  and  supplements  thereto 
following.  II  General  Statutes  of  New  Jersey,  1438  to  1457.  A  sup¬ 
plement  prescribing  charge  for  mileage  by  certain  officers  in  Laws  of 
1900,  Chapter  171. 

Pay  of  constables.  L.  1904,  Ch.  154. 

Fees  and  mileage  go  to  county.  L.  1907,  Ch.  173. 

Pay  of  constables  in  lieu  of  fees  and  mileage.  L.  1907,  Ch.  238. 

Acts  authorizing  incorporation  of  telegraph,  telephone  and 
electric  light  companies  and  regulating  the  same,  with  amendments 
and  supplements  thereto  following.  Ill  General  Statutes  of  New 
Jersey,  3456. 

Such  corporation  may  mortgage  franchises,  etc.  L.  1903,  Ch.  86. 

May  be  dissolved  under  Sec.  31  of  General  Incorporation  act  (Revision  of 
1896).  L.  1903,  Ch.  184. 

May  increase,  etc.,  capital  stock.  L.  1905,  Ch.  84. 

Designation  of  streets  by  council  must  be  by  ordinance.  L.  1906,  Ch.  36. 

An  act  to  authorize  the  formation  of  gas  light  corporations  and 
regulate  the  same  with  amendments  and  supplements  thereto  follow¬ 
ing.  II  General  Statutes  of  New  Jersey,  1608. 

An  act  to  authorize  the  apportionment  of  taxes,  assessments  and 
water  rents.  Ill  General  Statutes  of  New  Jersey,  3393.  Amended 

84 


ABSTRACT  OF  LAWS. 


85 


in  part  by  III  General  Statutes  of  New  Jersey,  3394,  and  by  Laws 
of  1900,  Chapter  40. 

An  act  to  authorize  the  corporate  authorities  of  cities  and  towns 
to  drain  meadows  and  swamp  lands  lying  within  their  corporate 
limits.  II  General  Statutes  of  New  Jersey,  2054.  Amended  in  part 
by  Laws  of  1899,  Chapter  50. 

[For  additional  powers  re  swamp  drainage,  see  L.  1903,  Ch.  261,  as  am’d 
by  L.  1904,  Ch.  1 13.] 

Acts  concerning  and  regulating  street  railways,  with  amendments 
and  supplements.  Ill  General  Statutes  of  New  Jersey,  3207. 

Franchises  in  streets  shall  be  for  not  over  20  years  except  after  referendum. 
L.  1906,  Ch.  36.  But  provision  for  referendum  above  shall  not  apply  to  munici¬ 
palities  of  second,  third  or  fourth  class,  except  certain  cities.  No  franchise  for 
over  50  years.  L.  1907,  Ch.  148. 

An  act  authorizing  the  incorporated  cities,  towns  and  townships 
of  the  state  to  renew  matured  and  maturing  bonds.  II  General 
Statutes  of  New  Jersey,  2225.  Amended  by  Laws  of  1898,  Chapter  54. 

An  act  to  authorize  the  establishment  of  free  public  libraries  in 
towns,  etc.  II  General  Statutes  of  New  Jersey,  1956.  Amended  in 
part  by  Laws  of  1901,  Chapter  84. 

Town  may  accept  conditional  gift  of  land  or  money.  L.  1902,  Ch.  88. 

Town  may  appropriate  money  for  site  and  issue  bonds.  L.  1902,  Ch.  230. 

But  see  general  library  act.  L.  1905,  Ch.  150. 

An  act  to  authorize  towns  and  villages  to  construct  sewers  and 
drains  and  provide  for  payment.  II  General  Statutes  of  New  Jersey, 
2186.  Amended  in  part  by  Laws  of  1898,  Chapter  68. 

See  L.  1907,  Ch.  82. 

An  act  for  the  protection  of  public  health.  II  General  Statutes 
of  New  Jersey,  1677.  Amended  in  part  by  Laws  of  1898,  Chapter 
101.  See  Public  Health  Laws  establishing  boards  of  health,  etc., 


86 


ABSTRACT  OF  LAWS. 


II  General  Statutes  of  New  Jersey,  1634,  and  amendments  and  sup¬ 
plements  following. 

Sanitary  inspectors  to  be  licensed  by  state  board  of  health.  L.  1903,  Ch.  215. 

An  act  providing  for  outlet  sewers  and  drainage  of  land  where 
unimproved  tracts  intervene  between  town  and  tide  water  and  for 
entering  into  contract  with  owners  of  the  land  for  construction  of 
the  same.  Ill  General  Statutes  of.  New  Jersey,  3546.  Amended  by 

III  General  Statutes  of  New  Jersey,  3549,  III  General  Statutes  of 
New  Jersey,  3550,  and  III  General  Statutes  of  New  Jersey,  3551. 

A  supplemental  act  providing  for  construction  of  additional  main 
lateral  sewers  when  necessary  and  proceedings  thereon.  Ill  General 
Statutes  of  New  Jersey,  3550. 


Additional  and  enlarged  sewers  may  be  built  and  assessed  on  lands  benefited. 
L.  1902,  Ch.  265. 

An  act  to  authorize  incorporated  towns  to  construct  sewers  and 
drains  and  to  provide  for  the  payment  of  the  cost  thereof.  Ill  Gen¬ 
eral  Statutes  of  New  Jersey,  3553. 

An  act  to  authorize  incorporated  towns  to  construct  sewers  and 
drains  and  to  provide  for  the  payment  of  the  costs  thereof.  Ill  Gen¬ 
eral  Statutes  of  New  Jersey,  3556. 

See  L.  1907,  Ch.  82. 

An  act  to  enable  incorporated  towns  in  this  state  to  obtain  a 
supply  of  water  from  existing  city  water  works.  Ill  General  Statutes 
of  New  Jersey,  3558. 

An  act  to  enable  incorporated  towns  to  construct  water  works  for 
the  extinguishment  of  fires,  and  supplying  the  inhabitants  thereof 
with  pure  and  wholesome  water.  Ill  General  Statutes  of  New  Jersey, 
3559.  Amended  by  III  General  Statutes  of  New  Jersey,  3564,  and 
III  General  Statutes  of  New  Jersey,  3565. 

A  further  supplement  thereto  in  III  General  Statutes  of  New 


ABSTRACT  OF  LAWS. 


87 


Jersey,  3564.  Amended  in  part  by  III  General  Statutes  of  New 
Jersey,  3567,  and  Laws  of  1901,  Chapter  11. 

An  act  to  authorize  the  issue  of  bonds  for  the  erection  or  re¬ 
building  of  public  buildings  destroyed  by  fire  and  purchase  of  fire 
apparatus.  Ill  General  Statutes  of  New  Jersey,  3572. 

An  act  to  enable  certain  municipal  corporations  of  this  state  to 
fix  the  compensation  of  their  recorder.  Ill  General  Statutes  of 
New  Jersey,  3575. 

An  act  to  regulate  the  use  of  bicycles,  tricycles  and  similar  vehicles 
and  to  require  uniformity  of  ordinances  affecting  the  same.  Laws 
of  1896,  Chapter  8. 

All  ordinances  in  any  of  the  cities,  towns,  boroughs,  villages,  townships  and 
other  municipalities  in  this  state,  regulating  the  use  of  bicycles  and  tricycles,  must 
be  in  conformity  with  the  provisions  of  an  act  of  the  legislature  entitled  “An  act 
to  regulate  the  use  of  bicycles,  tricycles  and  similar  vehicles,  and  to  require  uni¬ 
formity  of  ordinances  affecting  the  same,”  approved  March  3d,  1896.  Pamph 
L.,  p.  21. 

Massinger  v.  The  City  of  Millville,  34  Vr.  123. 

An  act  providing  for  the  appointment  of  a  superintendent  of  streets 
in  towns  of  this  state  having  a  population  of  more  than  fifteen  thous¬ 
and  inhabitants.  Laws  of  1896,  Chapter  92. 

An  act  to  authorize  legal  voters  of  towns  to  direct  a  tax  for  the 
construction  of  hard  roads.  Laws  of  1896,  Chapter  93. 

An  act  concerning  the  collection  of  arrears  of  taxes  and  assess¬ 
ments  upon  lands  by  towns,  borough  or  townships,  and  to  enforce 
the  payment  thereof  by  sale  in  fee  simple  of  the  lands  subject  to 
the  lien  thereof.  Laws  of  1896,  Chapter  143.  Amended  in  part  by 
Laws  of  1897,  Chapter  36,  and  Laws  of  1897,  Chapter  187. 

A  supplement  regarding  publication  of  notices,  service  on  corpora¬ 
tions,  etc.  Laws  of  1899,  Chapter  132. 

An  act  respecting  arrears  of  taxes  and  assessments  in  towns,  etc., 
and  sales  for  such  arrears.  Laws  of  1896,  Chapter  154. 


88 


ABSTRACT  OF  LAWS. 


When  the  Circuit  Court  has  once  confirmed  a  report  of  commissioners  of 
adjustment  under  the  act  of  1898,  it  cannot  subsequently  modify  or  amend  the 
order  of  confirmation. 

Upon  certiorari,  a  general  reason  is  sufficient  when  the  error  is  apparent  on 
the  face  of  the  proceedings. 

Borough  of  Rutherford  v.  McGinnis,  72  N.  J.  L.  444. 

See  L.  1903,  Ch.  33;  L.  1903,  Ch.  258;  L.  1904,  Ch.  187. 

An  act  authorizing  municipalities  to  pass  ordinances  for  the  licens¬ 
ing  of  dogs.  Laws  of  1896,  Chapter  156.  being  supplement  to  Act 
of  March  15,  1893. 

Council  may  authorize  collection  of  license  fees  by  board  of  health,  etc.  L. 
1902,  Ch.  22. 

An  act  to  regulate  the  construction,  operation  and  maintenance 
of  street  railways  in  this  state,  and  providing  that  the  consent  of 
the  governing  bodies  of  municipalities  be  obtained  for  the  construc¬ 
tion  of  street  railways  and  change  of  motive  power.  Laws  of  1896, 
Chapter  192. 

Acceptance  by  railway  company  of  ordinance  granting  right  of  way  for  tracks 
necessary. 

Mercer  Co.  Traction  Co.  v.  United  N.  J.  R.  R.  &  Canal  Co.,  20 
Dick  Ch.,  575,  580. 

When  a  trolley  company  has  laid  down  its  railway  in  the  streets  of  a  city  and 
has  obtained  by  petition  from  the  governing  body  an  ordinance  granting  such  a 
right,  and  fixing  the  route  of  the  road  and  the  places  where  the  poles  are  to  be 
located,  according  to  a  map  accompanying  said  petition,  pursuant  to  the  Street 
Railway  act  of  1896  (Pamph.  L.,  p.  29),  it  cannot  afterwards  lawfully  place  or 
erect  its  poles  at  places  in  the  streets  different  from  those  so  designated. 

If  it  locate  one  of  its  said  poles  in  the  street  at  a  place  upon  land  not  thus 
fixed  and  designated,  and  without  the  authority  of  the  owner  of  the  fee  thereof,  it 
becomes  a  trespasser,  and  the  owner  may  have  relief  by  an  action  of  ejectment  to 
recover  possession  of  the  land  thus  occupied  by  the  pole,  such  possession  to  be 
afterwards  subject  to  the  public  easement. 

Moore  v.  Camden  and  Trenton  Ry.  Co.,  73  N.  J.  L.  599. 

Consent  in  writing  of  the  owners  of  at  least  one-half  in  amount  of  property 
fronting  on  a  street  railway  route  required  are  not  licenses  or  concessions  granting 
to  the  railway  company  some  interest  in  land  or  right  in  the  streets. 

Currie  v.  Atlantic  City,  37  Vr.  140. 

The  ordinance  will  be  set  aside,  it  appearing  that  the  company  did  not  obtain 


ABSTRACT  OF  LAWS. 


89 


proper  consents  from  the  owners  of  one-half  in  amount  of  lineal  feet  of  property 
fronting  on  the  highway,  as  required  by  the  statute.  Pamph.  L.  1896,  p.  330. 

Orton  v.  Borough  of  Metuchen,  37  Vr.  572. 

Under  the  acts  regulating  the  construction  and  maintenance  of  street  railroads 
in  this  state,  approved  respectively  May  16th,  1894,  and  April  21st,  1896,  before  the 
railway  company  can  lay  its  tracks  in  the  streets  of  a  municipality,  it  must  have  the 
municipal  consent  and  also  the  consent  of  a  majority  in  lineal  feet  of  the  abutting 
owners. 

Currie  v.  Atlantic  City,  37  Vr.  671. 

The  mayor  and  council  of  a  borough  chosen  under  one  of  the  Borough  acts 
repealed  by  the  Borough  act  of  1896  (Pamph.  L.,  p.  339),  and  exercising  local 
government  at  the  time  of  the  approval  of  that  act,  were  thereby  authorized  to 
continue  such  government  under  the  Borough  act  of  1878  (Gen.  Stat.,  p.  179)  until 
the  annual  election  under  said  act  of  1878,  and  could  in  the  meantime  lawfully 
proceed  under  said  Street  Railway  act  of  1896.  A  majority  of  the  council  con¬ 
stituted  a  quorum,  and  a  majority  of  a  quorum  could  lawfully  pass  ordinances 
and  resolutions. 

State  v.  The  Mayor  and  Council  oi  the  Borough  of  Belmar,  32  Vr.  443. 

Under  Pamph.  L.  1896,  p.  329,  the  real  owner  of  land  in  possession  may  effectu¬ 
ally  consent  to  the  construction,  maintenance  and  operation  of  a  street  railway, 
although  the  mere  legal  title  may  be  vested  in  another  person. 

Shepard  v.  The'  Mayor  and  Council  of  East  Orange,  40  Vr.  133. 

Consent  of  owners  of  land  to  laying  of  trolley  tracks  construed. 

Shepard  v.  The  Mayor  and  Council  of  East  Orange,  41  Vr.  203. 

In  order  to  obtain  the  consents  required  for  the  construction  of  an  electric  rail¬ 
way  in  a  public  street  in  accordance  with  the  act  of  April  21st,  1896  (Pamph.  L., 
p.  329),  the  railway  company  agreed  with  an  owner  of  land  abutting  on  the  street 
to  give  him,  for  his  consent,  a  valuable  option  on  the  purchase  of  the  company’s 
bonds  and  stock.  Held,  that  the  agreement  was  in  violation  of  the  policy  estab¬ 
lished  in  that  statute  and  could  not  be  enforced. 

Montclair  Military  Academy  v.  The  North  Jersey  Street  Ry.  Co , 
41  Vr.  229. 

Upon  an  application  to  the  Court  of  Chancery  under  the  act  of  March  22d,  1895 
(Gen.  Stat.,  p.  2717),  to  define  the  mode  in  which  one  railroad  may  cross  another, 
it  was  incumbent  upon  the  petitioner  to  show  it  had  lawful  power  to  construct 
its  road. 

One  of  the  steps  to  that  end,  being  an  ordinance  of  the  township  committee 
granting  permission  to  the  petitioner  to  construct  its  road  under  the  Railroad  act 
of  1896  (P.  L.,  p.  329),  it  was  incumbent  upon  the  petitioner  to  show  the  jurisdic¬ 
tion  of  the  township  to  pass  such  an  ordinance. 

Mercer  Co.  Traction  Co.  v.  The  United  N.  J.  R.  R.  and  Canal  Co., 
68  N.  J.  Eq.  715. 

Though  under  the  act  of  1893,  the  consent  of  the  governing  body  “of  the  town¬ 
ship  or  county”  only  need  be  obtained,  the  subsequent  acts  required  the  consent  of 


90 


ABSTRACT  OF  LAWS. 


both  county  and  township  or  other  municipality  within  the  territory  in  which  the 
railroad  lines  were  proposed  to  be  built. 

Township  of  Woodbridge  v.  Raritan  Traction  Co.,  19  Dick  Ch.  169. 

By  act  of  1896  (P.  L.  of  1896,  p.  329),  no  trolley  can  be  laid  upon  any  highway 
in  a  township  without  the  consent  of  the  township  committee,  and  such  consent 
cannot  be  granted  until  there  shall  have  been  filed  with  the  township  clerk  the 
consent,  in  writing,  of  the  owners  of  at  least  one-half  in  amount,  in  lineal  feet,  of 
property  fronting  on  the  highway,  which  consents  shall  be  executed  and  acknowl¬ 
edged  as  are  deeds  entitled  to  be  recorded. — Held,  that  consents  not  recorded  were 
insufficient  to  confer  power  upon  the  committee  to  grant  the  statutory  permission. 

Mercer  Co.  Traction  Co.  v.  United  North  Jersey  R.  R.  &  Canal  Co., 
19  Dick  Ch.  588. 

Street  railways  may  be  taxed  by  town.  L.  1906,  Ch.  290. 

Consent  shall  be  for  only  20  years.  L.  1906,  Ch.  36. 

May  carry  freight  only  by  consent  of  town.  L.  1906,  Ch.  77. 

An  act  providing  for  working,  amending,  repairing  and  keeping 
in  order  public  roads,  streets  and  highways  adjoining  and  forming 
the  boundary  line  between  two  municipalities.  Laws  of  1896,  Chap¬ 
ter  200. 

[Paving  such  streets  by  joint  contract.  L.  1902,  Ch.  hi.] 

An  act  concerning  the  enforcement  of  the  health  code  and  ordi¬ 
nances  and  regulations  of  local  boards  of  health  by  compelling  owners 
of  property  along  the  line  of  sewers  to  connect  their  houses,  etc., 
with  the  sewers.  Laws  of  1896,  Chapter  203. 

[Town  may  own  house  connections.  L.  1905,  Ch.  23.] 

An  act  requiring  that  honorably  discharged  union  soldiers,  sailors 
and  marines  have  preference  in  the  public  service  of  the  state  and 
regulating  their  removal.  Laws  of  1897,  Chapter  65. 

The  act  of  March  31st,  1897  (Pamph.  L.,  p.  142),  is  limited  by  its  title  to  “the 
public  service  of  the  State  of  New  Jersey.”  It  has  no  application  to  the  employ 
ment  of  Union  veterans  in  any  other  branch  of  the  public  service. 

Conklin  v.  Jersey  City,  38  Vr.  168. 

Under  its  title  the  Veteran  act  of  March  31st,  1897  (Pamph.  L.,  p.  142),  cannot 
extend  to  persons  not  employed  “in  the  public  service  of  the  State  of  New  Jersey,’ 
and  its  clauses  relating  to  the  cities,  counties,  towns  and  villages  of  the  State 
are  inoperative. 

Kreigh  v.  Freeholders  of  Hudson  Co.,  33  Vr.  178. 

One  who  by  force  retains  possession  of  a  public  office  after  the  expiration  of  his 


ABSTRACT  OF  LAWS. 


91 


term,  and  against  the  lawful  demand  of  his  legally  appointed  successor,  cannot 
recover  the  salary  or  emoluments  attached  to  the  office  accruing  after  such  demand. 

Blore  v.  The  Bd.  of  Chosen  Freeholders  of  Union  Co.,  35  Vr.  262. 

Veterans  to  be  pensioned  when.  L.  1906,  Ch.  252. 

An  act  to  provide,  in  incorporated  towns,  townships  and  boroughs, 
for  representation  and  offices  in  newly  created  wards  by  division  of 
an  old  ward.  Laws  of  1897,  Chapter  102. 

Re  formation  of  annexed  territory  into  ward  and  election  district.  L.  1903, 
Ch.  244. 

An  act  to  provide  for  the  incorporation  of  associations  for  the 
improvement  of  public  grounds  in  any  city,  town,  township  or  bor¬ 
ough  in  this  state,  and  to  encourage  the  development  of  the  material 
interests  of  the  same.  Laws  of  1897,  Chapter  118. 

An  act  authorizing  towns  to  renew  matured  and  maturing  bonds. 
Laws  of  1897,  Chapter  125.  Amended  in  part  by  Laws  of  1900, 
Chapter  2. 

An  act  to  authorize  municipal  corporations  owning  or  controlling 
water  works  to  make  conti  acts  to  furnish  water  for  public  or  private 
uses,  with  any  adjoining  municipality  or  with  any  private  corporation 
therein.  Laws  of  1897,  Chapter  128. 

Where  a  municipal  corporation,  by  action  ultra  vires  or  otherwise,  embarks  in 
a  scheme  which  will  result  in  an  unlawful  expenditure  of  public  funds,  any  ordi¬ 
nary  taxpayer  may  be  admitted  to  prosecute  a  certiorari  to  review  such  action. 

Where  respondent  in  certiorari  does  not  challenge  the  status  of  the  prosecutor 
until  the  argument  of  the  cause,  matters  of  fact  upon  which  such  status  depends 
will  be  taken  as  admitted  for  the  purposes  of  a  motion  then  made  for  dismissal 
of  the  writ. 

In  Parnph.  L.  1897,  p.  232,  and  in  Pamph.  L.  1897,  p.  323,  Sec.  76,  as  amended 
in  Pamph.  L.  1899,  p.  159,  the  phrases  “any  adjoining  municipal  corporation”  and 
“and  adjoining  municipality”  refer  only  to  municipalities  whose  corporate  terri¬ 
tories  are  contiguous. 

Rehill  v.  The  Mayor  and  Council  of  the  Borough  of  East  Newark, 
73  N.  .J  L.  220. 

See  L.  1905,  Ch.  229;  L.  1903,  Ch.  154;  L.  1906,  Ch.  216;  L.  1906,  Ch.  319; 
L.  1906,  Ch.  68. 


92 


ABSTRACT  OF  LAWS. 


An  act  concerning  the  qualification  of  commissioners  authorized 
to  assess  benefits  conferred  by  the  construction  of  sewers  and  drains 
and  to  provide  for  majority  reports  of  such  commissioners  in  certain 
cases  in  the  incorporated  towns  of  this  state.  Laws  of  1897,  Chap¬ 
ter  140. 

Assessment  to  pay  cost  of  town  sewer. 

Butler  v.  Town  of  Montclair,  38  Vr.  426,  429. 

Towns  may  construct  disposal  plants.  L.  1905,  Ch.  77. 

An  act  concerning  the  settlement  and  collection  of  arrearages  of 
unpaid  taxes,  assessments  and  water  rates  or  water  rents  in  towns 
of  this  state,  and  imposing  and  levying  a  tax,  assessment  and  lien 
in  lieu  of  such  arrearages  and  to  enforce  the  payment  thereof, 
and  to  provide  appointment  of  Commissioners  of  Adjustment  on 
application  of  the  council  to  the  circuit  court  and  for  the  sale  of 
lands  subjected  to  future  taxation  and  assessment.  Laws  of  1897, 
Chapter  196. 

An  act  authorizing  towns  to  issue  bonds  for  the  purpose  of  raising 
money  to  pay  certain  bonds  and  improvement  certificates  and  interest 
thereon  and  judgments  recovered  thereon  heretofore  legally  issued 
and  now  due.  Laws  of  1898,  Chapter  40. 

Certiorari  to  review  resolution  authorizing  issue  of  bonds  by  municipality.  No 
peremptory  writ  of  mandamus  issued  to  compel  issue. 

Jones  Co.  v.  Town  of  Guttenberg,  37  Vr.  58. 

A  statute  providing  for  the  funding  of  existing  debts  for  street  improvements 
in  incorporated  towns,  is  a  general  law  within  the  constitution. 

Hermann  v.  Town  of  Guttenberg,  34  Vr.  616. 

An  act  providing  that  bicycles,  tricycles  and  similar  vehicles  may 
be  left  as  security  for  appearance  after  arrest  for  violation  of  or¬ 
dinance  regulating  the  use  of  bicycles,  etc.  Laws  of  1898, 
Chapter  47. 

An  act  empowering  boards  of  health  in  any  incorporated  munici¬ 
pality  in  this  state  to  pass  and  enforce  ordinances  regulating  scav¬ 
engers.  Laws  of  1898,  Chapter  102. 


ABSTRACT  OF  LAWS. 


93 


An  act  relating  to  the  use  of  the  public  streets  by  electric  light, 
heat  and  power  companies.  Laws  of  1898,  Chapter  197. 

An  act  relating  to  official  searches  and  certificates  as  to  tax, 
assessment  and  other  municipal  liens  providing  omissions  to  be  an 
estoppel  and  by  whom  certificates  to  be  made.  Laws  of  1898, 
Chapter  205. 

An  act  to  authorize  the  incorporated  cities,  towns,  etc.,  of  the 
state  to  borrow  money  in  anticipation  of  taxes  and  in  anticipation 
of  assessments  for  public  improvements  where  the  work  has  been 
begun  and  where  the  same  have  not  been  confirmed  and  when  bonds 
have  not  been  sold  to  pay  cost  thereof.  Laws  of  1899,  Chapter  21. 

See  L.  1906,  Ch.  315. 

An  act  providing  that  any  attorney  or  counselor-at-law  of  the 
state  shall  be  deemed  eligible  to  the  office  of  attorney  or  solicitor  for 
any  city,  corporate  town,  etc.  Laws  of  1899,  Chapter  26. 

An  act  to  authorize  two  or  more  municipalities  in  this  state  to 
jointly  construct  and  maintain  outlet  or  trunk  sewers.  Laws  of  1899, 
Chapter  36. 

A  supplement  thereto  validating  certain  contracts  between  munici¬ 
palities  in  Laws  of  1901,  Chapter  32. 

As  to  bonds,  see  L.  1904,  Ch.  152. 

An  act  to  secure  the  purity  of  the  public  supplies  of  potable  waters 
in  this  state,  prohibiting  pollution  of  water  supply  for  domestic  pur¬ 
poses.  Laws  of  1899,  Chapter  41. 

The  act  of  1899  (P.  L.  of  1899,  p.  73)  is  not  subject  to  the  objection  that  it  is 
special  and  local,  and  therefoie  unconstitutional,  as  being  a  regulation  of  the 
internal  affairs  of  towns  and  counties. 

State  v.  The  Diamond  Mills  Paper  Co.,  18  Dick  Ch.  hi. 

An  act  respecting  the  representation  of  incorporated  towns,  in 
boards  of  chosen  freeholders.  Laws  of  1899,  Chapter  82. 

The  act  of  March  22d,  1899  (Pamph.  L.,  p.  203),  providing  for  an  increased 
representation  of  some  incorporated  towns  in  the  board  of  chosen  freeholders  of 


94 


ABSTRACT  OF  LAWS. 


the  county  in  which  they  are  situate  did  not  create  a  vacancy  in  a  board  of  chosen 
freeholders  “constituted  or  elected  under  the  provisions  of  ‘An  act  to  reorganize 
the  boards  of  chosen  freeholders  in  counties  of  the  first  class  of  this  state,  ” 
passed  May  16th,  1894.  Gen.  Stat.,  p.  422. 

Bach  v.  The  Bd.  of  Chosen  Freeholders  of  the  Co.  of  Hudson, 
36  Vr.  522. 

An  act  to  provide  for  the  removal  by  owners  or  tenants  of  snow 
and  ice,  grass,  weeds  and  other  impediments  from  the  sidewalks  and 
gutters  of  streets  and  avenues  in  municipalities  of  the  state.  Laws 
of  1899,  Chapter  90. 

Above  act  amplified  by  L.  1904,  Ch.  125. 

An  act  respecting  towns  and  providing  for  the  purchase  of 
water  works  or  a  plant  for  the  supplying  of  pure  and  wholesome 
water  to  the  inhabitants  of  such  town  for  public  and  domestic  uses, 
and  the  extension  of  such  water  works  or  plant,  and  providing  for 
the  issue  of  bonds  to  pay  for  such  purchase  or  extension.  Laws  of 
1899,  Chapter  95. 

See  amendments  L.  1907,  Ch.  207;  L.  1908,  Ch.  150. 


An  act  authorizing  the  incorporated  cities,  towns,  townships  and 
boroughs  of  this  state  to  fund  their  floating  indebtedness  and  their 
matured  and  maturing  bonds.  Laws  of  1899,  Chapter  110.  Amended 
in  part  by  Laws  of  1901,  Chapter  3. 

Pamph.  L-  1898,  p.  160;  Pamph.  L.  1899,  p.  78;  Pamph.  L.  1902,  p.  18)  are  repealed 
sioners,  71  N.  J.  L.  183,  228,  as  to  legislahve  authority  for  issue  of  bonds. 


An  act  authorizing  towns  in  this  state  to  fix  and  establish  the 
grades  of  streets,  avenues  and  public  highways  therein.  Laws  of 
1899,  Chapter  163. 

An  act  relating  to  the  purchase  and  acquisition  by  any  city,  town¬ 
ship,  town,  etc.,  of  the  portion  of  any  turnpike  road  lying  within 
the  limits  of  any  such  city,  town,  etc.,  and  to  provide  the  money 
necessary  for  the  purchase  thereof.  Laws  of  1899,  Chapter  191. 

An  act  respecting  the  employment  of  mechanics  and  laborers 
upon  the  public  work  of  the  state  and  municipalities  within  the 


ABSTRACT  OF  LAWS. 


95 


same,  prohibiting  the  employment  of  aliens.  Laws  of  1899,  Chap¬ 
ter  20 2. 

An  act  to  authorize  towns,  etc.,  owning  or  controlling  water 
works  to  supply  dwellers  in  towns,  etc.,  through  which  their  mains 
may  pass,  with  water.  Laws  of  1899,  Chapter  206. 

Town  may  vote  to  issue  bonds  for  waterworks.  L.  1902,  Ch.  82. 

Extensions  of.  L.  1908,  Ch.  150. 

Form  of  municipal  consent  to  water  works  company.  L.  1906,  Ch.  68. 

An  act  to  authorize  the  erection  of  engine  houses  and  buildings 
for  the  protection  of  fire  apparatus  and  for  other  municipal  pur¬ 
poses  in  towns  of  the  state,  and  the  purchase  of  lands  whereon 
to  erect  said  buildings.  Laws  of  1900,  Chapter  18. 

See  L.  1903,  Ch.  12,  allowing  bonds  up  to  $75,000. 

An  act  to  authorize  municipalities  to  raise  funds  to  replace 
any  lost  through  the  failure  of  banking  institutions.  Laws  of  1900, 
Chapter  77. 

An  act  to  authorize  any  town  in  the  state  to  acquire  an  interest 
in  or  a  right  to  use  any  outlet  sewer  within  its  limits  and  providing 
for  the  payment  of  the  costs  of  acquiring  such  interest  or  right,  and 
for  the  issue  of  bonds  to  raise  moneys  required  to  make  such  payment. 
Laws  of  1900,  Chapter  164. 

An  act  authorizing  certain  municipalities  to  advance  moneys  to 
the  board  of  education  therein,  in  anticipation  of  moneys  to  be  re¬ 
ceived  by  such  board,  and  to  borrow  on  temporary  loans  for  the 
purpose  of  making  such  advances  and  providing  for  the  repayment 
thereof.  Laws  of  1901,  Chapter  12. 

An  act  to  authorize  any  town  or  city  of  this  state  to  enter  into 
contracts  with  railroad  companies  whose  roads  enter  their  corporate 
limits,  to  change  or  elevate  their  railroads,  and  when  necessary  for 
that  purpose,  to  vacate,  change  the  grade  of,  or  alter  the  lines  of 
any  streets  or  highways  therein.  Laws  of  1901,  Chapter  63. 

Change  of  grade  of  street  by  town  or  city,  etc. 


96 


ABSTRACT  OF  LAWS. 


Manufacturers  Land  and  Improvement  Co.  v.  The  City  of  Camden, 
71  N.  J.  L.  490,  49i. 

See  amendment  L.  1902,  Ch.  129. 

An  act  authorizing  additional  sums  to  be  raised  by  taxation  for 
the  use  of  free  public  libraries.  Laws  of  1901,  Chapter  95. 

See  General  Library  act.  L.  1905,  Ch.  150. 

An  act  to  establish  an  excise  department  in  incorporated  towns 
and  cities  of  the  state,  providing  that  the  council  may  appoint  a 
board  of  excise  commissioners.  Laws  of  1901,  Chapter  107. 

“An  act  to  establish  an  excise  department  in  incorporated  towns  and  cities  of 
this  state,”  approved  March  21st,  1901  (Pamph.  L.,  p.  239),  is  not  unconstitutional 
in  authorizing  the  common  council  to  call  upon  a  court  to  appoint  an  excise  board 
for  the  municipality;  neither  does  the  excise  board  so  appointed  derive  its  powers 
by  delegation  from  the  council. 

Schwarz  v.  The  Mayor,  etc.,  of  Dover,  42  N.  J.  L.  502. 


ORDINANCES. 


An  Ordinance  for  the  Appointment  of  a  Board  of  Health. 

Section  1.  Be  it  ordained  by  the  Council  of  the  Town  of  Mont¬ 
clair,  in  the  County  of  Essex,  that  there  shall  be  a  Board  of  Health 
established  in  the  Town  of  Montclair,  organized  in  accordance  with 
the  provisions  of  the  act  of  the  Legislature  of  the  State  of  New 
Jersey  entitled  “An  act  to  establish  in  this  State  a  Board  of  Health 
and  a  Bureau  of  Vital  Statistics,  and  to  define  their  respective  powers 
and  duties.”  Approved  March  31,  1887. 

Sec.  2.  And  be  it  ordained,  that  said  Board  shall  be  composed 
of  five  members,  citizens  of  the  town,  nominated  by  the  Councilman- 
at-Large,  and  confirmed  by  the  Council. 

That  the  Councilman-at-Large,  at  the  next  regular  meeting  of 
the  Council  after  the  passage  of  this  ordinance,  shall  nominate 
the  members  of  said  Board,  two  of  whom  shall  hold  their  office 
until  the  first  Tuesday  in  June,  one  thousand  eight  hundred  and! 
ninety-five,  two  of  whom  shall  hold  their  office  until  the  first  Tuesday 
in  June,  one  thousand  eight  hundred  and  ninety-six,  and  one 
shall  hold  his  office  until  the  first  Tuesday  in  June,  one  thousand 
eight  hundred  and  ninety-seven.  That  the  Board  appointed 
under  this  ordinance  shall  continue  in  office  until  the  expiration 
of  the  terms  for  which  they  shall  be  severally  appointed,  but 
the  successors  in  office  of  all  the  said  five  members  shall  serve 
for  the  term  of  three  years  each.  Provided,  that  the  nomination 
of  persons  to  fill  vacancies  shall  be  for  the  unexpired  term  of  the 
retiring  member,  and  that  besides  death  or  resignation,  a  removal 
from  the  town  shall  be  considered  a  vacation  of  the  office  by  such 
member. 

Sec.  3.  And  be  it’  ordained,  that  it  shall  be  the  duty  of  the 
Councilman-at-Large,  at  the  organization  of  the  Council  in  May 
in  each  year,  or  at  the  next  regular  meeting  thereafter,  to  present 


97 


98 


ORDINANCES. 


to  the  Council  the  nominations  of  persons  for  the  terms  of  such 
members  of  the  Board  as  will  expire  on  the  first  Tuesday  in  June 
following. 

But  nominations  to  fill  vacancies  shall  be  made  as  occasion  shall 
require. 

Sec.  4.  And  be  it  ordained,  that  this  ordinance  shall  take  effect 
immediately. 

Dated  May  7th,  1894. 


An  Ordinance  to  License  and  Regulate  Junk  Shop  Keepers  and  Junk  Dealers. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows : 

Section  1.  [As  ant’d  Apr.  23,  1906,  and  Oct.  19,  1908.]  The 
Tozi’n  Clerk  shall  from  time  to  time,  on  application,  issue  a  license  to 
any  person  as  a  junk  dealer  or  to  keep  what  is  commonly  called  a  “junk 
shop!’  for  the  purchase  and  sale  of  junk,  old  rope,  old  iron,  brass,  cop¬ 
per,  tin,  lead  or  other  metals,  old  bottles  and  such  like;  every  person  re¬ 
ceiving  such  license  shall  pay  to  the  Tozvn  Clerk  therefor  the  sum  of 
twenty-five  dollars  for  the  use  of  the  town;  provided,  however,  that 
no  such  license  shall  be  issued  without  the  zvritten  approval  of  the 
chief  of  police;  and  provided  further,  that  any  such  license  may  be 
revoked  at  the  option  of  the  Tozvn  Council  in  its  discretion. 

Sec.  2.  No  license  to  keep  a  junk  shop  shall  entitle  any  person 
to  keep  the  same  at  or  in  any  other  place  than  that  which  is  men¬ 
tioned  and  specified  in  said  license. 

Sec.  3.  No  keeper  of  a  junk  shop  or  any  junk  dealer  shall  receive 
in  the  line  of  his  or  her  business  any  article  or  thing  by  way  of 
pledge  or  pawn,  nor  shall  he  or  she  loan  or  advance  any  sum  of 
money  on  the  security  of  any  such  article  or  thing. 

Sec.  4.  [As  ant’d  Oct.  19,  1908.]  Every  keeper  of  a  junk  shop  or 
junk  dealer  whose  place  of  business  is  in  Montclair  shall  provide 
and  keep  a  book  in  which  shall  be  fairly  written  at  the  time  of 
every  purchase  a  description  of  the  article  or  articles  so  purchased, 
the  name  and  residence  of  the  person  from  whom  such  purchase 
was  made  and  the  day  of  the  purchase. 


ORDINANCES. 


99 


Sec.  5.  Every  such  book  shall  at  all  times  be  open  to  the  in¬ 
spection  of  any  councilman,  policeman  or  constable  of  the  town,  • 
or  to  any  person  who  may  be  authorized  in  writing  for  that  pur¬ 
pose  by  any  of  them  or  by  the  Recorder  or  any  justice  of  the  peace 
of  the  town,  such  person  exhibiting  to  the  licensee  his  authority 
aforesaid : 

Sec.  6.  [As  am’d  Oct.  19,  1908.]  Every  such  license  shall  continue 
in  force  until  the  first  day  of  May  next  succeeding  the  granting  of 
such  license. 

Sec.  7.  No  keeper  of  a  junk  shop  or  junk  dealer  shall  purchase 
or  receive  in  way  of  business  any  goods,  articles  or  things  what¬ 
soever  between  the  setting  of  the  sun  and  the  hour  of  seven  o’clock 
in  the  morning,  or  purchase  or  receive  in  the  line  of  his  business 
any  goods,  article  or  thing  whatsoever  from  any  person  under  the 
age  of  fifteen  years. 

Sec.  8.  [As  am’d  Oct.  19,  1908.]  Every  keeper  of  a  junk  shop 
or  junk  dealer  who  shall  receive  or  be  in  possession  of  any  goods, 
articles  or  thing  which  may  have  been  lost  or  stolen,  shall  forthwith, 
on  demand  to  view  the  same,  present  the  same  to  the  Recorder  or 
any  of  the  councilmen  or  policemen  of  the  town. 

Sec.  9.  [As  ant’d  Oct.  19,  1908.]  Every  person  so  licensed  as  a 
junk  dealer  or  junk  shop  keeper  shall  be  entitled  to  keep  one  cart, 
wagon  or  vehicle  for  the  purpose  of  collecting  junk,  old  rope,  old  iron, 
brass,  copper,  tin,  lead,  or  other  metals,  rags,  old  bottles  and  such  like 
in  the  town;  provided,  however,  that  if  said  person  so  licensed  as 
aforesaid  desire  to  keep  more  than  one  cart,  wagon  or  vehicle  he  shall 
first  apply  to  the  Council  for  such  privilege,  and  shall  pay  the  sum  of 
five  dollars  for  each  cart,  wagon  or  vehicle,  the  said  Council  may 
authorize  him  to  use  as  aforesaid  ;  and  provided  also  that  any  person 
using  any  such  cart,  wagon  or  vehicle,  or  causing  the  same  to  be  used, 
shall  cause  to  be  painted  on  the  outside  of  such  cart,  wagon  or 
vehicle  his  name  at  length,  the  street  and  number  of  his  place  of 
business,  in  plain  letters,  put  on  with  black  letters  on  white  ground, 
said  letters  to  be  not  less  than  two  and  a  half  inches  in  length,  and 
shall  also  attach  to  each  side  of  such  wagon  a  metal  plate  bearing  the 
number  of  such  license  to  be  furnished  by  the  Town  Clerk. 

Sec.  1C.  [As  am’d  Oct.  19,  1908.]  Every  person  engaged  in 
drawing  or  driving  any  cart,  wagon  or  vehicle  for  the  purpose  of 
collecting  junk,  old  rope,  old  iron,  brass,  copper,  tin,  lead  or  other 


100 


ORDINANCES. 


metals,  rags,  old  bottles  and  such  like  shall  at  all  times  carry  with 
him  when  so  engaged,  the  license  or  duplicate  thereof,  whereby  such 
conveyance  is  authorized,  and  shall  exhibit  the  same  on  demand  to 
any  police  officer  of  the  town. 

Sec.  11.  [As  am’ d  Oct.  19,  1908.]  No  person  or  persons  (except 
such  as  are  licensed  under  this  ordinance  or  are  in  the  regular  employ 
of  such  a  licensee)  shall  draw  or  drive  or  cause  to  be  drawn  or  driven 
any  cart,  wagon  or  vehicle  for  the  purpose  aforesaid,  and  no  more 
than  one  person  shall  he  allozoed  on  a  zuagon. 

Sec.  12.  All  licenses  under  this  ordinance  shall  at  all  times  be 
subject  to  such  rules  and  regulations  as  may  be  made  for  their 
control  and  government  by  the  Town  Council  of  this  town. 

Sec.  13.  [As  ant’d  Oct.  19,  1908.]  Any  person  violating  or  re¬ 
fusing  or  neglecting  to  comply  with  any  of  the  provisions  of  this 
ordinance  shall  be  liable  upon  the  first  conviction  to  a  penalty  of 
ten  dollars,  and  upon  each  and  every  conviction  thereafter  to  a  penalty 
of  tiventy-five  dollars. 

Sec.  14.  All  prosecutions  for  violations  of  any  of  the  provisions 
of  this  ordinance  shall  be  had  and  brought  before  the  Recorder  of 
the  town. 

Sec.  15.  [As  ant’d  Oct.  19,  1908.]  All  ordinances  or  parts  of 
ordinances  inconsistent  with  the  provisions  of  this  ordinance  are  here¬ 
by  repealed. 

Dated  May  21st,  1894. 


An  Ordinance  to  Regulate  and  Control  the  Fire  Department. 

The  Council  of  the  Town  of  Montclair,  in  the  County  of  Essex, 
do  ordain  as  follows : 

Section  1.  The  Fire  Department  of  the  Town  of  Montclair 
shall  consist  of  the  several  organizations  now  constituting  the  Fire 
Department  of  said  town  and  of  such  other  companies  as  shall 
from  time  to  time  be  organized  and  established  by  the  Town 
Council. 

Section  2.  [As  ant’d  14  Mch.,  1904.]  There  shall  he  appointed 
annually  by  the  Chairman  of  the  Council  from  among  the  members 


ORDINANCES. 


101 


of  the  Council ,  a  Committee  on  Fire  Department,  consisting  of  not 
less  than  three  members,  who  shall  constitute  a  Fire  Committee  and 
shall  have  power  to  employ  a  clerk.  The  Chief  Engineer  of  the  Fire 
Department  shall  attend  the  meetings  of  said  committee  and  shall 
give  such  information  as  shall  be  required. 

Sec.  3.  The  said  Fire  Committee  shall  have  power  to  adopt  such 
rules  and  regulations  for  the  government,  management  and  discipline 
of  the  Fire  Department  and  its  officers  and  members,  not  inconsistent 
with  the  laws  of  the  State  or  with  the  provisions  of  this  ordinance, 
as  in  their  judgment  may  be  advisable  and  necessary;  provided, 
however,  that  no  rule  or  regulation  shall  become  effective  until  after 
it  has  been  submitted  to  and  approved  by  the  Town  Council. 

Sec.  4.  The  care,  custody  and  control  of  all  fire  apparatus  and 
their  appurtenances  and  the  fire  alarm  system  shall  be  vested  in  said 
Fire  Committee,  and  they  shall  have  power  to  provide  for  all  neces¬ 
sary  repairs  to  the  same,  and  to  purchase  all  necessary  supplies  and 
equipments  for  the  use  of  the  department,  and  to  provide  for  the 
care  of  horses  and  buildings  of  the  Fire  Department,  subject  to  the 
approval  of  the  Town  Council. 

Sec.  5.  And  be  it  ordained,  that  all  ordinances  and  parts  of  ordi¬ 
nances  inconsistent  with  the  provisions  of  this  ordinance  be  and  the 
same  are  hereby  repealed. 

Dated  May  28th,  1894. 


An  Ordinance  to  Provide  for  the  Repair  of  Sidewalks,  Curbs  and  Gutters 
in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows : 

1.  That  all  owners  or  occupants  of  any  parcel  of  land  fronting 
on  any  improved  street  in  the  Town  of  Montclair  be  and  they  are 
hereby  required  to  keep  the  sidewalks,  curbs  and  gutters  in  front 
of  such  land  in  good  repair;  and  if  in  any  case,  after  thirty  days’ 
notice,  such  repairs  be  not  done  by  such  owner  or  occupant,  the 
Council  shall  have  the  same  done  and  the  expense  thereof  with 
interest  and  costs  shall  be  assessed  as  a  tax  on  such  lot  and  shall  be 
a  lien  thereon  and  be  collected  as  other  taxes  are  collected. 


102 


ORDINANCES. 


2.  And  be  it  ordained,  that  the  notice  referred  to  in  the  fore¬ 
going  section  shall  be  signed  by  Town  Clerk  and  deposited  in  the 
post  office  of  Montclair  prepaid  and  addressed  to  such  owners  or 
occupants  at  his,  her  or  their  last  known  post  office  address.  And  it 
shall  be  his  duty  to  give  such  notice  to  such  owners  whenever  the 
Council  shall  consider  it  expedient  and  shall  so  direct. 

Adopted  December  31st,  1894. 


An  Ordinance  to  Provide  for  and  Enforce  the  Removal  of  Snow  and  Ice 
from  the  Sidewalks  and  Gutters  of  Streets  by  the  Owner 
or  Occupant  of  Land  Fronting  Thereon. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
■County  of  Essex,  as  follows : 

Section  1.  The  owner,  occupant  or  person  having  charge  of 
each  and  every  dwelling  house,  or  other  building,  or  lot  or  lots  of 
ground  shall,  within  the  first  six  hours  after  every  fall  of  snow 
or  hail,  or  after  the  formation  of  any  ice,  upon  the  said  sidewalk 
in  front  thereof,  cause  the  said  snow  or  ice  (unless  said  snow  or 
ice  shall  have  been  perfectly  covered  with  sand  or  ashes)  to  be 
entirely  removed  from  off  the  flagging  or  planks  of  said  sidewalk 
in  front  thereof,  and  shall  also  cause  the  gutter  in  front  thereof 
to  be  cleaned  out  to  a  sufficient  width  to  allow  the  water  to  run 
freely  along  the  same,  under  the  penalty  of  three  dollars  for  every 
such  neglect,  to  be  forfeited  and  paid  by  the  said  owner,  occupant 
or  person  having  the  charge  thereof,  severally  and  respectively. 

Provided,  that  this  section  shall  not  apply  to  any  sidewalk  which 
shall  not  at  the  time  have  been  laid,  either  to  the  whole  width  or 
a  part  thereof,  with  flagging,  cement,  concrete,  plank,  boards  or  some 
artificial  covering. 

Sec.  2.  No  person  or  corporation  shall  throw,  place  or  deposit 
any  snow  or  ice  into  or  upon  any  street  or  highway  in  said  town, 
nor  move  or  remove  any  snow  or  ice  in  any  said  street  or  highway, 
from  one  part  thereof  to  another,  without  levelling  and  spreading 
the  same  in  such  manner  as  to  avoid  and  prevent  the  formation  of 
banks  and  mounds  under  the  penalty  of  three  dollars  for  each  and 
every  offence. 


ORDINANCES. 


103 


Sec.  3.  And  be  it  ordained,  that  in  case  of  neglect  or  refusal 
of  or  by  the  owner  or  occupant  of  any  lot  of  land  fronting  on  a 
public  street  or  highway  to  remove  the  snow  or  ice  from  the  side¬ 
walks  and  gutters  in  front  of  said  lot  or  lands  within  twelve  hours 
after  each  and  every  fall  of  snow  and  hail,  or  after  the  formation 
of  any  ice,  as  provided  in  section  one  of  this  ordinance,  the  Council 
may  cause  the  same  to  be  done  at  the  expense  of  the  owner,  and 
the  cost  and  expense  thereof,  with  interest  thereon,  shall  be  added 
to  and  shall  form  part  of  the  taxes  next  to  be  levied  and  assessed 
upon  such  lands,  and  shall  be  and  remain  a  lien  upon  such  lands 
until  paid,  pursuant  to  the  statute  in  such  case  made  and  pro¬ 
vided;  but  the  provisions  of  this  section  are  not  to  be  construed 
as  relieving  said  owner  or  occupant  from  the  penalty  prescribed  in 
section  one  of  this  ordinance. 

Adopted  January  14th,  1895. 


An  Ordinance  to  Provide  for  the  Protection  of  the  Fire  Apparatus  and 
Hydrants  or  Fire  Plugs  in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  that  any  person  who  shall  enter  any  engine  house, 
hook  and  ladder  or  hose  house,  with  intent  to  injure  the  same,  or 
any  fire  apparatus,  or  shall  at  any  time  or  place  injure  or  mutilate 
any  fire  apparatus,  hydrant  or  fire  plug,  or  who  shall  draw  water 
from  any  hydrant  or  fire  plug  for  any  purpose,  except  when  properly 
and  lawfully  engaged  in  examining  their  condition,  or  for  the  use 
of  the  fire  department  of  the  town,  without  a  written  permit,  signed 
by  the  Chief  of  the  Fire  Department  and  countersigned  by  the 
Chairman  of  the  Fire  Committee  of  the  Council  of  said  town,  being 
first  had  and  obtained,  shall  for  each  offence  forfeit  and  pay  the 
sum  of  five  dollars  to  be  recovered  in  the  manner  provided  for  the 
violation  of  town  ordinances;  and  shall  furthermore  be  liable  for 
all  damage  or  injury  done. 


Adopted  July  22,  1895. 


104 


ORDINANCES. 


An  Ordinance  to  Amend  an  Ordinance  Concerning  Licenses  to  Hackmen 
and  Others,  Adopted  December  29th,  1890. 

The  Council  of  the  Town  of  Montclair,  in  the  County  of  Essex, 
do  ordain  as  follows : 

That  Section  9  of  an  ordinance  entitled  “An  Ordinance  concerning 
Licenses  to  Hackmen  and  Others,”  passed  December  29th,  1890,  be 
and  it  hereby  is  amended  so  as  to  read  as  follows : 

Section  9.  The  prices  which  may  be  charged  by  the  owners 
or  drivers  of  hacks,  cabs  and  other  licensed  vehicles  shall  be  as 
follows:  For  conveying  each  passenger  from  the  railroad  depots 
or  any  other  point  south  of  Watchung  avenue  to  another  point  in 
Montclair  south  of  Watchung  avenue,  25  cents  (except  that  50  cents 
may  be  charged  in  the  following  localities :  On  Upper  Mountain 
avenue,  south  of  Bloomfield  avenue;  on  upper  Mountain  avenue, 
north  of  Beattie  avenue)  ;  on  Highland  avenue  and  to  any  point 
north  of  Watchung  avenue.  For  conveying  each  passenger  from 
railroad  depots,  or  any  other  point  north  of  Watchung  avenue,  to 
another  point  in  Mount  Hebron  District  or  north  of  Watchung 
avenue,  25  cents;  but  to  a  point  south  of  Watchung  avenue,  50  cents. 
Between  the  hours  of  10.30  p.  m.  and  6  a.  m.  these  prices  may  be 
doubled.  Each  passenger  shall  be  allowed  to  have  carried  upon 
such  hack,  cab,  or  conveyance  his  ordinary  traveling  baggage,  for 
which  the  charge  shall  be  for  one  trunk  and  twenty-five  pounds  of 
other  baggage  not  exceeding  in  the  whole  one  hundred  pounds,  25 
cents,  and  for  every  additional  trunk  or  other  article  in  excess  of 
one  hundred  pounds,  25  cents. 

Adopted  October  7th,  1895. 


An  Ordinance  Granting  to  the  Montclair  Light  and  Power  Company,  the 
Right  to  Place  Poles  and  Wires  through  and  upon  the  Streets  and 
Highways  of  the  Town  of  Montclair,  for  an  Electric  Lighting  System, 
and  Prescribing  the  Manner  of  Placing  the  Same  and  Regulating  the 
Use  of  said  Streets  and  Highways  by  said  Company. 

The  Council  of  the  Town  of  Montclair,  in  the  County  of  Essex, 
do  ordain  as  follows: 


ORDINANCES. 


105 


Section  1.  Subject  to  the  conditions  hereinafter  set  forth,  the 
Montclair  Light  and  Power  Company  shall  have  the  right  to  use 
any  of  the  streets  and  highways  within  said  town,  through  and  upon 
which  to  place  poles  or  wires  for  an  electric  lighting  system  in  the 
Town  of  Montclair,  for  the  period  of  fifteen  (15)  years,  from  and 
after  the  passing  of  this  ordinance. 

Sec.  2.  That  the  use  of  the  streets  and  highways  shall  be  subject 
to  the  following  regulations  and  restrictions : 

1.  No  pole  shall  be  erected  in  any  street  or  highway  of  said 
town  without  the  consent  in  writing  of  the  owner  or  owners  of 
the  property  on  or  in  front  of  which  said  pole  or  post  is  to  be 
erected. 

2.  Poles  must  be  set  inside  the  curb  line  of  the  street  and  as 
near  to  the  curb  line  as  may  be,  without  damage  to  the  curb.  The 
poles  so  erected  by  said  company  shall  not  be  used  or  allowed  to 
be  used  for  any  other  purpose  than  the  carrying  thereon  of  wires 
for  electric  light  or  fire  alarm  purposes,  without  the  special  consent 
of  the  Council  of  the  town. 

3.  No  bill-posting,  writing  or  advertising  signs  of  any  kind  shall 
be  permitted  on  said  poles. 

4.  All  wires  used  by  the  company  must  be  so  placed  and  located 
as  in  no  way  to  interfere  with  the  safety  or  convenience  of  persons 
traveling  on  or  over  said  streets  and  highways. 

5.  Poles  must  be  placed  not  less  than  125  feet  from  each  other, 
and  all  decayed  or  unsafe  poles  must  be  removed  and  replaced 
within  five  days  after  notice  given  in  writing  by  the  Town  Council, 
or  its  duly  authorized  representatives,  to  any  officer  of  the  company 
or  any  of  its  agents  in  charge  of  the  plant,  wherever  found. 

6.  No  tree  shall  be  cut  down,  and  no  branches  shall  be  cut  or 
removed  by  the  company  without  permission  in  writing  first  obtained 
from  the  owner  of  the  soil  on  which  such  tree  may  stand,  endorsed 
by  the  Town  Engineer. 

7.  For  each  and  every  violation  of  any  of  the  foregoing  pro¬ 
visions  of  this  ordinance  by  the  said  company  or  any  of  its  officers, 
agents  or  employees,  the  said  company  and  each  and  every  of  its 
officers,  agents  and  employees,  or  other  persons  participating  therein 
shall  be  subject  to  a  fine  of  twenty  dollars,  to  be  recovered  in  the 
manner  provided  by  law,  for  recoveries  for  the  violation  of  the 
ordinances  of  the  town. 


106 


ORDINANCES. 


8.  All  poles  owned  and  set  by  the  company  shall  be  of  cedar, 
cypress,  or  yellow  pine,  of  the  usual  hexagonal  form  with  pointed 
end,  painted  a  neutral  grey  or  green  tint  with  a  suitable  good  paint. 
All  poles  shall  be  not  less  than  28  feet  in  length,  of  6  to  8  inches 
diameter  at  the  top,  and  8  to  12  at  the  butt.  The  size  to  be  governed 
by  the  location  of  the  pole  and  the  number  of  wires  supported 
by  it ;  all  poles  must  be  set  at  least  6  feet  in  the  ground,  and  must 
not  be  guyed.  The  usual  cross-arms,  insulators,  etc.,  to  be  first  class 
in  every  respect,  and  in  accordance  with  the  best  usage  in  cities. 
The  poles  must  be  straight  and  of  good  appearance;  all  wires  must 
be  properly  insulated,  and  run  so  as  to  touch  insulators  only.  Con¬ 
verters,  when  any  are  needed,  must  be  supported  on  poles  or  on 
brick  or  stone  work  of  buildings  and  must  not  be  placed  on  wooden 
buildings  of  any  sort. 

All  material  and  machinery  used  in  constructing  and  furnishing 
the  plant  shall  be  of  standard  quality,  and  equal  to  that  used  and 
approved  by  the  best  engineers  in  constructing  modern  electric  light 
plants. 

9.  Upon  the  completion  and  installation  of  the  plant  or  any 
extensions  thereof,  the  Town  Council  may,  at  its  option,  employ 
an  electrical  engineer  to  inspect  and  determine  whether  the  same 
has  been  constructed  in  accordance  with  the  provisions  of  this  ordi¬ 
nance,  and  if  he  shall  report  that  it  is  not  in  accordance  with  the 
ordinance,  the  company  shall  make  such  changes  as  may  be  necessary 
to  comply  with  the  same. 

Sec.  3.  The  company  shall  supply  all  demands  for  lighting,  during 
the  life  of  the  franchise  hereby  granted,  as  follows: 

1.  For  private  lighting  up  to  1,000  incandescent  lamps,  within  120 
days  from  the  passage  of  this  ordinance,  and  must  increase  its 
capacity  to  1,000  more  whenever  and  as  soon  as  500  additional  lamps 
are  demanded,  and  must  continue  to  increase  by  units  of  1,000  lamps 
whenever  there  is  a  demand  for  500  lamps  in  excess  of  its  existing 
capacity. 

2.  Lamps  to  be  50  or  104  volt;  16  candle  power,  and  price 
not  to  exceed  20  cents  per  1,000  watts  less  5  per  cent,  discount 
if  bill  is  paid  within  10  days  from  receipt  of  same  by  the  con¬ 
sumer. 

3.  The  company  shall  make  connections  between  house-wiring  and 
street  wires  and  shall  furnish,  install  and  maintain  meters  without 


ORDINANCES. 


107 


charge  and  without  rental,  and  shall  make  regulations  for  interior 
wiring  and  installation  of  fixtures,  motors,  converters,  meters  and  all 
other  appurtenances. 

4.  The  company  must  be  prepared  to  enter  into  contract  with  the 
town  at  any  time  upon  terms  to  be  agreed  upon  by  the  Council, 
and  the  authorized  agents  or  officers  of  the  company  to  furnish  and 
operate  not  less  than  14  lamps  of  1,200  candle  power  for  street 
lighting  to  burn  from  dusk  to  dawn;  but  the  rental  to  be  paid  by 
the  town  for  such  arc  lights  shall  not  exceed  the  rate  of  one  hundred 
dollars  per  annum  per  lamp. 

5.  The  company  must  also  be  prepared  to  enter  into  contract 
with  the  town  at  any  time,  upon  terms  to  be  agreed  upon  between 
the  Council  and  the  authorized  agents  or  officers  of  the  company, 
to  furnish  and  operate  not  less  than  50  incandescent  lamps  of  32 
candle  power  each  for  street  lighting;  but  the  rental  to  be  paid  by 
the  town  for  such  incandescent  lights,  to  burn  from  dusk  to  dawn, 
shall  not  exceed  the  rate  of  $25  per  annum  per  lamp. 

6.  Said  company  shall  extend  the  public  lighting  system  whenever 
and  wherever  ordered  by  the  Town  Council  on  any  of  the  streets  of 
the  town,  such  extensions  to  be  under  the  same  conditions  and  pro¬ 
visions  and  rates  as  may  be  in  force  at  the  time  the  orders  for  such 
extensions  are  made. 

7.  The  company  shall  furnish  complete,  without  charge,  all  parts, 
poles  or  other  supports  for  lamps  ordered  or  contracted  for  by  the 
town  for  public  lighting  and  shall  also  furnish  and  renew,  without 
charge,  all  lamps  for  both  public  and  private  lighting,  except  such 
private  lamps  as  may  be  broken  through  carelessness  of  consumers, 
and  shall  make  such  renewals  as  often  as  may  be  necessary  to  give 
the  candle  power  herein  specified. 

8.  All  lamps,  public  or  private,  furnished  by  said  company  during 
the  life  of  its  franchise  hereby  granted,  shall  give  an  efficiency  of 
not  less  than  eighty-seven  and  one-half  per  cent,  of  their  rated  candle 
power,  and  said  lamps  and  the  current  and  voltage  supplied  to  the 
same  may  at  any  time  be  tested  by  the  town  to  determine  whether  the 
said  efficiency  is  being  maintained. 

Sec.  4.  All  house-wiring  and  connections  therewith  must  be  in 
accordance  with  the  rules  and  regulations  of  the  New  York  Board 
of  Fire  Underwriters  and  must  be  approved  by  the  Chief  of  the 
Fire  Department  of  the  Town  of  Montclair. 


108 


ORDINANCES. 


Sec.  5.  The  company  may  establish  rates  and  make  such  rules 
and  regulations  as  may  be  necessary,  subject  always  to  the  terms 
of  this  ordinance. 

Sec.  6.  The  company  may  use  such  of  the  fire  alarm  poles  as 
are  under  the  control  of  the  town,  and  in  lieu  of  rental  shall  keep 
all  the  fire  alarm  wires  in  first-class  working  condition,  and  furnish 
current  for  the  operation  of  the  town’s  fire  alarm  system,  and  shall 
allow  the  town,  at  its  own  expense,  to  string  its  fire  alarm  wires 
on  any  of  the  poles  of  the  company,  and  the  company  must,  if 
the  Council  so  direct,  immediately  upon  the  installation  of  the  plant, 
or  at  any  time  thereafter,  during  the  life  of  this  franchise,  place 
a  1,200  candle  power  arc  light  at  the  junction  of  Church  street, 
Fullerton  and  Bloomfield  avenues,  at  a  point  to  be  indicated  by 
the  Town  Council,  and  place  a  similar  light  at  or  near  the  inter¬ 
section  of  Spring  street  with  Bloomfield  avenue,  and  maintain  these 
two  lights  free  of  all  and  any  expense  to  the  Town  of  Mont¬ 
clair  for  the  period  of  three  years,  the  said  arc  lights  to  be  lit 
each  and  every  night  in  the  year,  and  kept  burning  from  dusk  to 
dawn. 

Sec.  7.  The  Town  of  Montclair  shall  have  the  option  of  pur¬ 
chasing  the  plant  from  the  company  at  the  expiration  of  the  fifth 
year,  or  the  tenth  year,  or  the  fifteenth  year  from  the  passing  of 
this  ordinance ;  the  price  to  be  paid  by  the  town  to  be  determined 
by  three  disinterested  appraisers,  one  to  be  appointed  by  the  Town 
Council  of  Montclair,  one  by  the  company,  and  these  two  to  select 
a  third,  provided  that  written  notice  of  the  intention  to  purchase 
the  plant  be  given  the  company  at  least  six  months  in  advance;  and 
provided  further,  that  in  determining  the  price  to  be  paid  by  the 
town  in  case  of  such  purchase  nothing  shall  be  allowed  for  the 
value  of  the  franchise;  and  if  such  electric  lighting  system  shall  at 
any  time  be  operated  by  a  boiler  or  power  plant  which  is  also  used 
for  other  purposes,  the  plant  purchased  by  the  town  shall  not  include 
such  portion  thereof  as  is  used  for  such  double  purpose,  and  the 
price  shall  be  fixed  with  that  in  view,  unless  both  the  Council  and 
the  company  shall  elect  to  include  the  same. 

Sec.  8.  The  terms  and  provisions  of  this  franchise  shall  be  con¬ 
strued  to  be  conditions,  and  the  failure  of  the  company  to  comply 
with  the  same  or  any  of  them  after  thirty  days’  demand  in  writing 
made  by  the  Council  shall  operate  as  a  breach  of  condition,  and 


ORDINANCES. 


109 


shall  give  the  Council  the  power  and  authority  to  cancel  this  ordi¬ 
nance  and  to  annul  all  the  rights  and  privileges  of  the  said  company 
thereunder. 

Sec.  9.  On  the  expiration  of  the  period  of  fifteen  (15)  years  from 
the  date  of  the  passage  of  this  ordinance,  all  rights  and  privileges 
of  the  company  thereunder  and  all  rights  to  use  and  occupy  the  streets 
and  highways  with  its  poles  and  wires  shall  wholly  cease  and  de¬ 
termine. 

Sec.  10.  That  this  ordinance  shall  not  be  binding  on  the  Town 
of  Montclair,  unless  the  Montclair  Light  and  Power  Company  shall 
file  its  acceptance  in  writing  with  the  Town  Clerk  within  thirty  days 
after  the  passage  thereof. 

Adopted  November  18th,  1895. 


An  Ordinance  Requiring  the  Overseer  of  the  Poor  to  Keep  Books  of 

Account  and  Statistics. 

The  Council  of  the  Town  of  Montclair,  in  the  County  of  Essex, 
do  ordain  as  follows : 

That  the  Overseer  of  the  Poor  be  and  he  hereby  is  directed  to 
keep  proper  books  of  account,  showing  expenditures  during  the  fiscal 
year,  on  the  Poor  House  and  its  inmates,  and  the  expenditures  on 
outside  relief;  that  he  keep  proper  record  of  each  individual  received 
at  the  Poor  House,  stating  name,  sex,  age,  color,  by  whom  and  on 
what  date  committed  and  received,  and  date  of  departure ;  that 
he  keep  proper  record  of  each  individual  or  family  receiving  town 
aid,  relief  or  sustenance,  stating  name,  age,  color,  residence,  and 
each  and  every  date  of  receiving  such  aid,  relief,  or  sustenance,  so 
long  as  same  may  continue. 


Adopted  January  27th,  1896. 


110 


ORDINANCES. 


Ordinance  designating  the  streets  and  highways  in  the  Town  of  Montclair, 
in  the  County  of  Essex,  in  which  the  posts,  poles  and  conduits  of 
the  Montclair  and  Bloomfield  Telephone  Company  shall  be  placed  and 
prescribing  the  manner  of  placing  the  same  and  regulating  the  use 
of  the  streets  and  highways  by  said  Company. 

The  Council  of  the  Town  of  Montclair,  in  the  County  of  Essex, 
do  ordain  as  follows : 

Section  1.  Subject  to  the  conditions  hereinafter  set  forth  the 
Montclair  and  Bloomfield  Telephone  Company  shall  for  the  period 
of  twenty  (20)  years  from  and  after  the  passage  of  this  ordinance 
have  the  right  to  place  and  maintain  its  poles,  conduits  and  wires 
in,  through,  under  or  upon  the  following  streets  in  the  Town  of 
Montclair,  viz. :  Commencing  at  the  extreme  southeasterly  point 
on  Bloomfield  avenue,  in  the  Town  of  Montclair,  at  the  Glen 
Ridge  Borough  line,  and  running  thence  northwesterly  along  said 
Bloomfield  avenue  to  Elm  street ;  again  commencing  at  Orange 
road,  at  its  intersection  with  Bloomfield  avenue,  in  the  Town  of 
Montclair,  thence  running  northwesterly  along  the  line  of  Bloom¬ 
field  avenue  to  the  Township  of  Verona;  again  commencing  at  the 
intersection  of  Maple  avenue  and  Bloomfield  avenue,  in  the  Town 
of  Montclair,  and  running  thence  southerly  along  Maple  avenue 
to  Lincoln  street ;  again  commencing  at  the  intersection  of  Bay 
street  and  Bloomfield  avenue,  in  the  Town  of  Montclair,  and 
running  thence  northerly  through  Bay  lane  to  Glen  Ridge  line ; 
again  commencing  at  the  intersection  of  Woodland  avenue  and 
Maple  avenue,  in  the  Town  of  Montclair,  and  running  thence 
easterly  along  Woodland  avenue  to  Glen  Ridge  line;  again  com¬ 
mencing  at  the  intersection  of  Pine  street  and  Bloomfied  avenue, 
in  the  Town  of  Montclair,  and  running  thence  northerly  along  Pine 
street  to  Walnut  street,  again  commencing  at  the  intersection 
of  Elm  street  and  Bloomfield  avenue,  in  the  Town  of  Montclair, 
and  running  thence  southerly  along  Elm  street  to  Orange  road; 
again  commencing  at  the  intersection  of  Grove  street  and  Bloom¬ 
field  avenue,  in  the  Town  of  Montclair,  and  running  thence  northerly 
along  Grove  street  to  Passaic  County  line;  again  commencing  at 
the  intersection  of  Spring  street  and  Glenridge  avenue,  in  the  Town 
of  Montclair,  and  running  thence  southerly  along  Spring  street 


ORDINANCES. 


Ill 


to  Hawthorne  place;  again  commencing  at  the  intersection  of  Green¬ 
wood  avenue  and  Spring  street,  in  the  Town  of  Montclair,  and 
running  thence  northerly  along  Greenwood  avenue  to  Walnut 

street;  again  commencing  at  the  intersection  of  Glenridge  avenue 
and  Bloomfield  avenue,  in  the  Town  of  Montclair,  and  running 
thence  easterly  along  Glenridge  avenue  to  Glen  Ridge  line;  again 
commencing  at  the  intersection  of  Elmwood  avenue  and  Elm  street, 
in  the  Town  of  Montclair,  and  running  thence  easterly  along 
Elmwood  avenue  to  Maple  avenue ;  again  commencing  at  the 
intersection  of  Lexington  avenue  and  Elm  street,  in  the  Town  of 
Montclair,  and  running  thence  easterly  along  Lexington  avenue 
to  Maple  avenue;  again  commencing  at  the  intersection  of  Midland 
avenue  and  Bloomfield  avenue,  in  the  Town  of  Montclair,  and 
running  thence  northerly  along  Midland  avenue  to  Watchung 

avenue;  again  commencing  at  the  intersection  of  Valley  road  and 

Church  street,  in  the  Town  of  Montclair,  and  running  thence 

northerly  along  Valley  road  to  Passaic  County  line;  again  com¬ 
mencing  at  the  intersection  of  Portland  place  and  Valley  road,  in 
the  Town  of  Montclair,  and  running  thence  easterly  along  Port¬ 
land  place  to  Park  street ;  again  commencing  at  the  intersection  of 
Montague  place  and  Valley  road,  in  the  Town  of  Montclair, 
and  running  thence  easterly  along  Montague  place  to  Park  street; 
again  commencing  at  the  intersection  of  Walnut  street  and  Valley 
road,  in  the  Town  of  Montclair,  and  running  thence  easterly  along 
Walnut  street  to  Walnut  Crescent ;  again  commencing  at  the 
intersection  of  Mountain  avenue  and  Bloomfield  avenue,  in  the  Town 
of  Montclair,  and  running  thence  southerly  along  Mountain 
avenue  to  Eagle  Rock  way;  again  commencing  at  the  intersection 
of  St.  Luke’s  place  and  Bloomfield  avenue,  in  the  Town  of  Mont¬ 
clair,  and  running  thence  southerly  along  St.  Luke’s  place  to  Hill¬ 
side  avenue ;  again  commencing  at  the  intersection  of  Orange 
road  and  Bloomfield  avenue,  in  the  Town  of  Montclair,  and  running 
thence  southerly  along  Orange  road  to  Orange  City  line;  again 
commencing  at  the  intersection  of  Myrtle  avenue  and  Mountain 
avenue,  in  the  Town  of  Montclair,  and  running  thence  easterly 
along  Myrtle  avenue  to  the  easterly  terminus  thereof ;  again  com¬ 
mencing  at  the  intersection  of  Union  street  and  Elm  street,  in 
the  Town  of  Montclair,  and  running  thence  westerly  along  Union 
street  to  Upper  Mountain  avenue ;  again  commencing  at  the 


112 


ORDINANCES. 


intersection  of  Hawthorne  place  and  Elm  street,  in  the  Town  of 
Montclair,  and  running  thence  westerly  along  Hawthorne  place 
to  Orange  road;  again  commencing  at  the  intersection  of  Porter 
place  and  Orange  road,  in  the  Town  of  Montclair,  and  running 
thence  westerly  along  Porter  place  to  Clinton  avenue;  again  com¬ 
mencing  at  the  intersection  of  Gates  avenue  and  Hawthorne 
place,  in  the  Town  of  Montclair,  and  running  thence  westerly 
along  Gates  avenue  to  Upper  Mountain  avenue ;  again  commencing 
at  the  intersection  of  Clinton  avenue  and  Myrtle  avenue,  in  the 
Town  of  Montclair,  and  running  thence  southerly  along  Clinton 
avenue  to  Gates  avenue ;  again  commencing  at  the  intersection 
of  Harrison  avenue  and  Orange  road,  in  the  Town  of  Montclair, 
and  running  thence  southerly  along  Harrison  avenue  to  West 
Orange  turnpike  line ;  again  commencing  at  the  intersection  of 
Upper  Mountain  avenue  and  Union  street,  in  the  Town  of  Mont¬ 
clair,  and  running  thence  southerly  along  Upper  Mountain  avenue 
to  West  Orange  line;  again  commencing  at  the  intersection  of  Eagle 
Rock  way  and  Harrison  avenue,  in  the  Town  of  Montclair,  and 
running  thence  northwesterly  along  Eagle  Rock  way  to  Upper 
Mountain  avenue ;  again  commencing  at  the  intersection  of  Lle¬ 
wellyn  road  and  Orange  road,  in  the  Town  of  Montclair,  and  run¬ 
ning  thence  northwesterly  along  Llewellyn  road  to  Mountain 
avenue;  again  commencing  at  the  intersection  of  Cedar  avenue 
and  Orange  road,  in  the  Town  of  Montclair,  and  running  thence 
northwesterly  along  Cedar  avenue  to  Harrison  avenue;  again  com¬ 
mencing  at  the  intersection  of  Pleasant  avenue  and  Cedar  avenue,  in 
the  Town  of  Montclair,  and  running  thence  southwesterly  along 
Pleasant  avenue  to  West  Orange  line ;  again  commencing  at  the  inter¬ 
section  of  Washington  avenue  and  Orange  road,  in  the  Town  of 
Montclair,  and  running  thence  southeasterly  along  Washington  avenue 
to  Glen  Ridge  line ;  again  commencing  at  the  intersection  of  Linden 
avenue  and  Orange  road,  in  the  Town  of  Montclair,  and  running 
thence  southeasterly  along  Linden  avenue  to  Glen  Ridge  line ;  again 
commencing  at  the  intersection  of  Willowdale  avenue  and  Washington 
avenue,  in  the  Town  of  Montclair,  and  running  thence  northeasterly 
along  Willowdale  avenue  to  Woodland  avenue;  again  commencing  at 
the  intersection  of  Lincoln  street  and  Elm  street,  in  the  Town  of 
Montclair,  and  running  thence  southerly  along  Lincoln  street  to  Glen 
Ridge  line;  again  commencing  at  the  intersection  of  High  street  and 


ORDINANCES. 


113 


Orange  road,  in  the  Town  of  Montclair,  and  running  thence  south¬ 
westerly  along  High  street  to  the  southwesterly  terminus  thereof ; 
again  commencing  at  the  intersection  of  Irving  street  and  Orange 
road,  in  the  Town  of  Montclair,  and  running  thence  easterly  along 
Irving  street  to  Lexington  avenue ;  again  commencing  at  the  inter¬ 
section  of  Montclair  avenue  and  Label  street,  in  the  Town  of 
Montclair,  and  running  thence  northeasterly  along  Montclair 
avenue  to  Watchung  avenue;  again  commencing  at  the  intersection 
of  Christopher  street  and  Walnut  street,  in  the  Town  of  Montclair, 
and  running  thence  northeasterly  along  Christopher  street  to 
Watchung  avenue;  again  commencing  at  the  intersection  of  Oxford 
street  and  Grove  street,  in  the  Town  of  Montclair,  and  running 
thence  southeasterly  along  Oxford  street  to  the  Walnut  Crescent 
to  Walnut  street;  again  commencing  at  the  intersection  of  James 
street  and  Midland  avenue,  in  the  Town  of  Montclair,  and  running 
thence  northwesterly  along  James  street  to  Valley  road;  again 
commencing  at  the  intersection  of  Chestnut  street  and  Grove 
street,  in  the  Town  of  Montclair,  and  running  thence  northwesterly 
along  Chestnut  street  to  Valley  road;  again  commencing  at  the 
intersection  of  Central  avenue  and  Walnut  street,  in  the  Town  of 
Montclair,  and  running  thence  northerly  along  Central  avenue  to 
Valley  road;  again  commencing  at  the  intersection  of  William 
street  and  Central  avenue,  in  the  Town  of  Montclair,  and  running 
thence  northwesterly  along  William  street  to  Valley  road;  again 
commencing  at  the  intersection  of  Lower  Mountain  avenue  and 
Bloomfield  avenue,  in  the  Town  of  Montclair,  and  running  thence 
northerly  along  Lower  Mountain  avenue  to  Van  Vleck  street; 
again  commencing  at  the  intersection  of  Mountain  avenue  north 
and  Claremont  avenue,  in  the  Town  of  Montclair,  and  running 
thence  northerly  along  Mountain  avenue  north  to  Passaic  County 
line;  again  commencing  at  the  intersection  of  Prospect  avenue  and 
Claremont  avenue,  in  the  Town  of  Montclair,  and  running  thence 
northerly  along  Prospect  avenue  to  the  northerly  terminus  thereof ; 
again  commencing  at  the  intersection  of  Van  Vleck  street  and 
Valley  road,  in  the  Town  of  Montclair,  and  running  thence  north¬ 
westerly  along  Van  Vleck  street  to  Mountain  avenue  north;  again 
commencing  at  the  intersection  of  Highland  avenue  and  Claremont 
avenue,  in  the  Town  of  Montclair,  and  running  thence  northerly  along 
Highland  avenue  to  the  northerly  terminus  thereof ;  again  commencing 


114 


ORDINANCES. 


at  the  intersection  of  Watchung  avenue  and  Mountain  avenue,  in 
the  Town  of  Montclair,  and  running  thence  easterly  along  Watchung 
avenue  to  the  Township  of  Bloomfield;  again  commencing  at  the 
intersection  of  Cliffside  avenue  and  Watchung  avenue,  in  the  Town 
of  Montclair,  and  running  thence  northerly  along  Cliffside  avenue 
to  Lorraine  avenue;  again  commencing  at  the  intersection  of  Bellevue 
avenue  and  Mountain  avenue  north,  in  the  Town  of  Montclair,  and 
running  thence  easterly  along  Bellevue  avenue  to  the  Township  of 
Bloomfield ;  again  commencing  at  the  intersection  of  Lorraine  avenue 
and  Grove  street,  in  the  Town  of  Montclair,  and  running  thence  west¬ 
erly  along  Lorraine  avenue  to  Cliffside  avenue;  again  commencing 
at  the  intersection  of  Alexander  avenue  and  Grove  street,  in  the 
Town  of  Montclair,  and  running  thence  westerly  along  Alexander 
avenue  to  Valley  road;  again  commencing  at  the  intersection  of 

Mt.  Hebron  road  and  Mountain  avenue  north,  in  the  Town  of 

Montclair,  and  running  thence  easterly  along  Mt.  Hebron  road 
to  Bloomfield  line ;  again  commencing  at  the  intersection  of  Park 
place  and  Park  street,  in  the  Town  of  Montclair,  and  running 
thence  easterly  along  Park  place  to  Grove  street ;  again  commenc¬ 
ing  at  the  intersection  of  Bloomfield  avenue  and  Church  street, 
in  the  Town  of  Montclair,  and  running  thence  along  Church  street 
to  Orange  road ;  provided,  however,  that  no  poles  shall  be  erected 
by  said  company  within  the  streets  of  that  section  of  said  town, 
bounded  on  the  north  by  and  including  Chestnut  street,  on  the 
east  by  and  including  Grove  and  Elm  streets,  on  the  south  by 

and  including  Orange  road,  and  on  the  west  by  and  including 

Valley  road,  nor  shall  any  poles  be  erected  by  said  company  on 
that  portion  of  Valley  road  from  Cooper  avenue  to  Inwood  avenue 
nor  that  portion  of  Bellevue  avenue  from  Mountain  avenue  to  Park 
street;  and  further  provided  that  the  said  Telephone  Company 
shall  at  any  time  after  the  expiration  of  five  years  from  the  passage 
of  this  ordinance  or  resolution  of  the  Council  of  the  Town  of  Mont¬ 
clair  and  on  three  months’  notice  place  all  their  wires  underground 
and  remove  the  poles  from  the  streets. 

Sec.  2.  That  the  manner  of  placing  said  posts  or  poles,  except 
in  the  prohibited  sections,  be  and  it  hereby  is  prescribed  as  follows: 
That  said  posts  or  poles  shall  be  located,  placed  and  erected  at  such 
points  or  places  upon  said  streets  and  highways  as  may  be  indicated 
by  the  Town  Council  of  the  Town  of  Montclair,  which  places  so 


ORDINANCES. 


115 


indicated  shall  not  be  more  than  one  hundred  and  fifty  feet  apart, 
except  where  the  wires  are  placed  underground  and  shall  be  adjacent 
to,  and  wherever  practicable  within  eighteen  inches  of  the  curb  line 
of  said  streets  and  highways,  and  all  poles  so  erected  shall  be  erected 
under  the  supervision  of  and  in  a  manner  satisfactory  to  and  undei 
written  permit  from  the  said  Council  of  the  Town  of  Montclair,  or 
the  Superintendent  of  Roads  of  the  said  town,  if  authorized  so  to  do 
by  said  Council. 

Sec.  3.  That  the  use  of  the  streets  and  highways  by  said  company 
shall  be  subject  to  the  following  regulations  and  restrictions: 

First.  That  no  poles  shall  be  erected  in  any  street  of  said  town, 
nor  shall  any  wires  be  strung  on  any  existing  poles,  without  first 
obtaining  and  filing  with  the  Superintendent  of  Roads  the  consent 
in  writing  of  the  owner  or  owners  of  the  land  abutting  upon  that 
portion  of  the  street  upon  which  the  said  pole  is  or  is  proposed  to 
be  erected. 

Second.  That  no  pole  shall  be  erected  upon  or  within  any  sidewalk 
which  is  less  than  five  feet  in  width. 

Third.  That  all  poles  erected  by  said  company  shall  be  straight 
and  free  from  imperfections,  and  not  less  than  thirty-five  feet  in 
length,  and  in  diameter  not  less  than  eight  inches  at  the  butt,  and 
four  inches  at  the  top.  All  poles  of  the  dimensions  aforesaid  shall 
be  set  net  less  than  five  feet  in  the  ground,  and  poles  exceeding 
thirty-five  feet  in  length  shall  be  set  six  inches  deeper  in  the  ground 
for  each  additional  ten  feet  in  length,  and  all  poles  fifty  feet  long 
and  over  shall  be  in  diameter  not  less  than  twelve  inches  at  the 
butt  and  six  inches  at  the  top.  No  poles  shall  be  set  whose  diameter 
shall  exceed  twelve  inches  at  the  butt.  All  poles  shall  be  painted  a 
dark  green  color. 

Fourth.  No  bill  posting,  marking  or  signs  of  any  kind  shall  be 
permitted  upon  said  poles,  nor  shall  any  horse  or  horses  be  hitched 
to  the  same. 

Fifth.  All  wires  shall  be  so  placed  as  to  hang  not  less  than 
twenty  feet  above  the  street  crossings,  nor  less  than  fifteen  feet 
above  the  sidewalk  over  which  they  are  drawn,  and  the  said  poles 
and  wires  shall  in  all  cases  be  so  located  as  in  no  way  to  interfere 
with  the  safety  or  convenience  of  persons  traveling  on  or  over  said 
streets  and  sidewalks. 

Sixth.  All  decayed  or  unsafe  poles  on  any  telephone  line  of 


116 


ORDINANCES. 


said  company  shall  be  removed  by  said  company  within  twenty-four 
hours  after  notice  in  writing  given  by  the  Superintendent  of  Roads 
of  the  said  town  to  the  said  company,  or  to  its  officer  or  officers  in 
charge  of  said  line. 

Seventh.  All  notices  required  by  this  ordinance  shall  be  considered 
duly  given  when  served  personally  upon  any  officer,  superintendent 
or  agent  of  said  company  wherever  found. 

Eighth.  The  Town  of  Montclair  shall  have  the  right  to  use 
the  top  arm  on  each  pole  erected  by  virtue  of  this  ordinance,  for 
the  purpose  of  attaching  wires  of  any  fire  alarm  telegraph  now  in 
use,  or  which  may  at  any  time  hereafter  be  adopted  or  used  by  said 
Town  of  Montclair. 

Ninth.  Two  telephones,  with  complete  apparatus  and  fixtures, 
shall  be  supplied  and  maintained,  and  full  telephone  service  shall 
be  rendered  by  the  said  company  free  of  charge  to  the  Town  of 
Montclair,  to  be  used  for  town  purposes,  in  such  places  as  shall 
from  time  to  time  be  indicated  by  tbe  Town  Council  of  the  Town 
of  Montclair. 

Tenth.  No  tree  shall  be  removed  or  cut,  and  no  branches  trimmed 
or  broken  by  said  company,  or  its  agents  or  servants,  without  per¬ 
mission  first  had  and  obtained  from  the  owner  of  the  soil  on  which 
said  tree  is  standing,  and  of  the  land  abutting  upon  the  said  street 
or  highway  upon  which  the  said  tree  is  standing,  and  from  the  Super¬ 
intendent  of  Roads  of  the  Town  of  Montclair,  under  a  penalty  of 
twenty  dollars  for  each  and  every  offence.  The  said  amount  to  be 
recovered  in  the  manner  provided  by  law  for  the  recovery  of  penalties 
for  the  violation  of  ordinances. 

Eleventh.  In  all  cases  where  poles  are  already  erected  the  said 
company  shall  use  all  diligence  to  obtain  permission  to  use  the  poles 
so  erected  where  practicable,  and  where  such  permission  is  obtained, 
shall  so  use  them ;  and  the  said  company  is  hereby  granted  permis¬ 
sion  to  affix  its  wires  upon  all  fire  alarm  telegraph  poles  which  are 
under  the  control  of  the  town  subject  to  the  provisions  of  sub¬ 
division  first  of  this  section,  where  they  can  be  so  affixed  in  the 
judgment  of  the  Chief  Engineer  of  the  Fire  Department,  without 
interfering  with  the  effectiveness  of  the  fire  alarm  service,  and  r..ay 
maintain  its  wires  thereon  during  the  pleasure  of  the  Council,  but 
no  longer,  provided,  however,  that  this  privilege  shall  not  be  so 


ORDINANCES. 


117 


exercised  as  to  interfere  with  the  keeping  of  the  fire  alarm  system 
of  the  town  in  perfect  working  order  at  all  times  by  any  other  com¬ 
pany  using  such  poles  or  any  wires,  now  or  hereafter  to  be  placed 
thereon,  for  any  other  purpose  than  for  fire  alarm  purposes,  under 
any  right  or  privilege  heretofore  granted  to  any  other  person  or 
corporation,  and  if  the  presence  of  the  wires  of  this  company  on 
the  fire  alarm  poles  shall  cause  any  interference  with  the  keeping  of 
the  fire  alarm  system  in  order  by  any  other  company,  then  in  such 
event,  the  Montclair  and  Bloomfield  Telephone  Company  shall  either 
remove  their  wires  from  such  poles  or  themselves  keep  the  fire  alarm 
system  in  perfect  working  order. 

Twelfth.  None  of  the  poles  or  wires  erected  by  said  company  or 
under  the  provisions  of  this  ordinance  shall  be  used  for  any  other 
purpose  than  for  telephone  or  fire  alarm  purposes  without  the  special 
consent  of  the  Council  of  the  town. 

Thirteenth.  For  each  and  every  pole  erected  in  any  of  the  streets 
of  said  town,  said  company  shall  pay  to  the  Superintendent  of  Roads 
for  the  use  of  the  town  the  sum  of  one  dollar,  before  erecting  the 
same,  and  for  each  and  every  pole  in  excess  of  one  hundred  and 
fifty  erected  under  the  power  granted  by  this  ordinance,  and  standing 
in  whole  or  in  part  on  any  street  or  highway,  the  said  company  shall 
pay  to  the  town  on  the  first  day  of  August  of  each  and  every  year 
the  sum  of  five  ($5)  dollars  per  annum  while  such  pole  is  main¬ 
tained  ;  and  after  one  hundred  and  fifty  poles  shall  have  been  erect¬ 
ed  hereunder  no  permit  shall  be  issued  for  the  erection  of  any  pole 
until  the  payment  for  the  then  current  year  shall  have  been 
made. 

Fourteenth.  The  company  shall  at  all  times  maintain  its  system 
and  service  in  the  highest  degree  of  commercial  efficiency. 

Fifteenth.  The  company  shall  have  its  lines  in  complete  working 
order,  ready  to  supply  all  existing  demands  for  service,  within  six 
months  from  the  first  day  of  January,  1897. 

Sixteenth.  The  Council  shall  have  the  right  to  grant  to  any  other 
individual  or  corporation  the  right  to  affix  its  wires  or  fixtures  to  the 
poles  erected  by  the  company  under  the  provisions  of  this  ordinance 
when  the  interests  of  the  town  shall  demand  this,  and  the  company 
shall  allow  such  use  of  its  poles  upon  reasonable  terms  to  be  de¬ 
termined  by  the  Council  in  case  the  parties  shall  not  agree  upon 
them. 


118 


ORDINANCES. 


Seventeenth.  Whenever  the  owner  or  owners  of  any  poles  erected, 
or  to  be  erected,  in  any  of  the  streets  of  said  town  of  Montclair,  upon 
which  the  wires  of  said  The  Montclair  and  Bloomfield  Telephone 
Company  may  be  suspended  by  arrangement  with  such  owner  or 
owners,  shall  put  their  wires  underground,  said  telephone  company 
shall  also  put  its  wires  underground,  and  shall  not  have  the  right 
to  erect  or  maintain  poles  in  place  of  those,  the  use  of  which  may  be 
discontinued  by  said  owner  or  owners. 

Eighteenth.  If  at  any  time  said  company  shall  fail,  for  any  cause, 
to  operate  its  lines  for  three  months,  consecutively,  the  Town  of 
Montclair  shall  have  the  right  in  its  discretion  to  forthwith  remove 
from  the  streets  of  said  town  any  and  all  poles  and  wire  erected 
or  suspended  by  said  company  after  giving  ten  days’  notice  in  writing 
to  said  company  or  its  authorized  agents,  unless  the  same  shall  be 
sooner  removed  by  said  company  or  its  successors,  and  the  poles  and 
wires  and  appurtenances  so  removed  by  the  town  shall  be  the  prop¬ 
erty  of  the  town. 

Nineteenth.  Whenever  the  company  shall  open  any  of  the  streets 
or  highways  of  the  town  for  the  purpose  of  placing  any  of  its  con¬ 
duits  or  wires  therein,  the  Council  shall  have  the  right  to  grant  to 
any  other  person  or  corporation  having  the  right  to  place  wires  or 
conduits  under  the  streets  of  the  town  the  right  to  place  its  wires 
or  conduits  in  the  same  trenches  so  opened  by  this  company,  upon 
paying  to  this  company  a  fair  proportion  of  the  cost  of  such  trenches, 
the  amount  to  be  determined  by  the  Council  if  the  parties  cannot 
agree.  The  company  shall  give  to  the  Superintendent  of  Roads 
ten  days’  notice  of  its  intention  to  apply  for  such  permit  to  open 
any  street,  and  the  said  Superintendent  of  Roads  shall  forthwith 
notify  each  and  every  person  or  corporation  having  the  right  to  place 
wires  or  conduits  underground  in  said  streets  of  such  intended  applica¬ 
tion,  and  if  such  other  person  or  corporation  shall  not  avail  himself 
or  itself  of  the  opportunity  thus  given  to  use  said  trenches,  no  permit 
shall  thereafter  be  given  to  such  other  person  or  corporation  to 
open  such  street  without  special  cause  shown.  And  this  company 
shall  have  similar  rights  and  privileges,  and  be  subject  to  similar 
obligations  with  reference  to  the  trenches  of  any  other  person  or 
corporation  which  shall  hereafter  open  the  streets  for  similar 
purposes. 

Sec.  4.  Subject  to  the  further  conditions  hereinafter  stated,  the 


ORDINANCES. 


119 


company  shall  have  the  right  to  place  its  wires  underground,  and 
for  that  purpose  may  construct  suitable  conduits  and  appurtenances 
thereto  in  and  upon  that  portion  of  Bloomfield  avenue  from  Elm  street 
to  Orange  road,  in  the  Town  of  Montclair,  and  in  and  upon  the 
several  streets  and  highways  specifically  enumerated  in  Section  1  of 
this  ordinance,  and  also  in  and  upon  such  other  and  additional  streets 
and  highways  in  said  town  as  the  Council  may  from  time  to  time  by 
resolution  designate. 

The  conditions  under  which  said  company  may  place  their  wires 
and  conduits  underground  within  the  limits  of  the  Town  of  Montclair 
are  as  follows,  to  wit : — 

No  street  shall  be  opened  for  such  purpose  except  upon  a  written 
permit  signed  by  the  Superintendent  of  Roads,  and  countersigned 
by  one  member  of  the  Committee  on  Roads  and  Road  Repairs  of 
the  Council,  who  are  hereby  authorized  to  issue  the  same,  whenever 
and  so  long  as  said  company  has  on  deposit  with  the  town  a  sum 
equal  to  the  cost  of  restoring  said  street,  and  not  less  than  one  hun¬ 
dred  dollars  to  insure  the  restoration  of  the  streets  as  hereinafter 
provided. 

Said  conduits  shall  be  constructed  under  the  supervision  of  the 
Committee  on  Roads  and  Road  Repairs  of  the  Town  Council,  and 
in  such  manner  as  not  to  interfere  with  public  travel  and  so  as  to 
insure  the  safety  of  persons  using  the  highway.  No  trench  or  ex¬ 
cavation  shall  be  allowed  to  remain  open  for  a  longer  period  than 
five  days,  nor  shall  the  same  be  left  open  at  any  time  without  being 
properly '  guarded.  All  streets  and  portions  of  streets,  as  soon  as 
the  conduits  and  appurtenances  have  been  placed  therein,  shall  imme¬ 
diately  be  restored  to  the  same  condition  in  all  respects  as  before 
being  opened  to  the  satisfaction  of  the  Superintendent  of  Roads  and 
said  Committee,  and  to  insure  such  restoration  said  company  shall 
keep  on  deposit  with  the  town,  to  be  used  by  it  for  such  purposes 
in  case  said  company  shall  fail  to  comply  with  this  requirement,  a 
sum  equal  to  the  cost  of  such  restoration  and  not  less  than  one  hun¬ 
dred  dollars. 

Sec.  5.  That  the  rentals  for  unlimited  use  within  the  Town  of 
Montclair  of  the  telephones  shall  not  exceed  three  dollars  per  month 
to  any  subscriber  during  the  term  of  this  franchise. 

Sec.  6.  This  ordinance  and  all  rights  of  the  said  company,  its 
successors  or  assigns  hereunder,  shall  terminate  at  the  end  of  twenty 


120 


ORDINANCES. 


years  from  the  passage  of  this  ordinance,  and  this  ordinance  shall 
not  be  binding  upon  the  Town  of  Montclair,  unless  the  said  The 
Montclair  and  Bloomfield  Telephone  Company  shall  signify  its  accept¬ 
ance  thereof  in  writing  under  its  seal  within  sixty  days  from  the 
date  of  its  adoption  by  the  Council  of  the  Town  of  Montclair,  and 
until  such  writing  shall  be  filed  with  the  Town  Clerk  of  the  Town 
of  Montclair.  And  the  Town  Council  of  the  Town  of  Montclair 
shall  have  the  right  to  revoke  and  annul  this  ordinance  and  the 
privileges  hereby  granted  upon  due  notice  to  the  said  The  Montclair 
and  Bloomfield  Telephone  Company  of  not  less  than  thirty  days  in 
case  the  said  company  shall  wilfully  violate  or  refuse  to  conform  to 
any  of  the  terms  and  conditions  of  this  ordinance  for  ten  days  after 
being  duly  notified  in  writing  of  such  violation  or  refusal. 

Sec.  7.  That  the  Montclair  and  Bloomfield  Telephone  Company 
shall  pay  into  the  treasury  of  the  Town  of  Montclair  all  advertising 
and  printing  fees  incurred  by  the  Town  of  Montclair  in  connection 
with  the  passage  of  this  ordinance. 

Adopted  September  28th,  1896. 


An  Ordinance  Prohibiting  the  Attaching  of  Hand  Bills,  Advertisements  and 
Other  Notices  to  Trees  and  Telegraph,  Telephone  and  Electric  Light 
Poles,  and  also  Prohibiting  the  Scattering  of  Such  Hand  Bills,  Adver¬ 
tisements  or  Notices  in  or  Upon  the  Streets  or  Other  Public  Places, 
or  the  Pasting  of  the  Same  to  Sidewalks,  in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows : 

Section  1.  No  person  or  persons  shall  place  upon,  or  attach  to, 
any  tree,  or  upon,  or  to,  any  telegraph,  telephone  or  electric  light  pole 
upon  any  of  the  streets  within  the  limits  of  the  Town  of  Montclair, 
any  hand  bill,  advertisement,  or  written  or  printed  or  partly  written 
or  printed  notice  of  any  kind,  except  such  notices  as  by  law  are 
required  to  be  posted. 

Sec.  2.  No  person  or  persons  shall  scatter  or  throw  upon  any 
of  the  streets  or  other  public  place  within  the  limits  of  the  Town 
of  Montclair,  any  hand  bills,  advertisements,  circulars  or  other  written 


ORDINANCES. 


121 


or  printed  matter,  or  fasten,  by  pasting  or  otherwise,  any  such  adver¬ 
tisements,  notices  or  circulars,  to  any  of  the  sidewalks  in  said  Town 
of  Montclair. 

Sec.  3.  Any  person  violating  any  of  the  provisions  of  this  ordi¬ 
nance  shall,  upon  conviction  thereof,  forfeit  and  pay  the  sum  of 
$10,  to  be  imposed  and  collected  as  provided  by  law  for  the  impo¬ 
sition  and  collection  of  penalties  for  the  violation  of  ordinances  in 
the  Town  of  Montclair. 

Sec.  4.  All  ordinances,  or  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Adopted  June  7,  1897. 


An  Ordinance  granting  permission  to  the  New  York  and  New  Jersey 
Telephone  Company  to  lay  and  maintain  underground  conduits,  cables, 
wires  and  manholes  for  electrical  conductors  in  the  Town  of  Montclair, 
New  Jersey,  to  be  used  for  telephone  and  telegraph  purposes. 

Section  1.  Be  it  ordained  by  the  Council  of  the  Town  of  Mont¬ 
clair,  in  the  County  of  Essex,  That  The  New  York  and  New  Jersey 
Telephone  Company  be,  and  it  hereby  is,  authorized  and  empowered, 
subject  to  the  provisions  of  this  ordinance,  to  construct  and  maintain, 
for  the  uses  and  purposes  of  its  business  aforesaid,  a  system  of 
subways  and  underground  conduits  , including  the  necessary  manholes 
and  subways  and  lateral  connections  to  property  lines  beneath 
the  surface  of  the  streets,  avenues  and  other  highways  of  the  Town 
of  Montclair,  as  herein  provided,  and  to  place,  maintain  and  operate 
in  said  system  of  subways  or  underground  conduits,  wires,  cables  or 
other  electrical  conductors  necessary  for  its  said  business ;  also  to 
construct,  maintain  and  operate  for  such  purposes  a  system  of  elec¬ 
trical  conductors  in  connection  therewith  for  distribution  from  the 
electrical  conductors  to  be  placed  in  the  subways  or  underground  con¬ 
duits  hereinbefore  mentioned ;  a  plan  of  said  system  of  subways  and 
underground  conduits  to  be  presented  to,  and  approved  by,  the 
Council,  before  the  work  of  construction  shall  commence;  provided, 
however,  that  no  pole  shall  at  any  time  be  erected  in  or  upon  any 


122 


ORDINANCES. 


of  the  streets,  avenues  or  other  highways  of  said  town  except  as 
herein  expressly  provided,  and  then  only  with  the  written  consent 
of  the  abutting  property  owners  and  the  Council,  in  conformity  with 
this  ordinance.  All  poles  erected  by  said  company  shall  be  straight 
poles,  finished  smooth  and  painted  with  at  least  two  coats  of  good 
paint  of  a  color  approved  by  the  Council,  and  repainted  not  less 
than  once  in  three  years.  The  consents  of  the  property  owners  for 
the  erection  of  poles  shall  be  in  writing  or  print  and  shall  particularly 
specify  the  location  and  dimensions  of  such  pole  or  poles  and  the 
maximum  number  of  cross-arms  which  may  be  affixed  thereto.  Before 
any  pole  shall  be  erected  on  any  street,  highway  or  public  place  of 
said  town,  a  permit  shall  also  be  obtained  from  the  Superintendent 
of  Roads  for  the  erection  thereof.  All  aerial  wires  erected  hereunder 
shall  be  not  less  than  twenty  feet  above  the  ground. 

Sec.  2.  The  plan  of  construction  of  the  system  herein  authorized 
shall  be  as  follows : 

On  Bloomfield  avenue  from  the  eastern  to  the  western  limits  of 
the  town; 

On  Orange  road  from  Orange  city  limits  to  Fullerton  avenue; 

On  Fullerton  avenue  from  Orange  road  to  Chestnut  street; 

On  Gates  avenue  from  Orange  road  to  Mountain  avenue; 

On  Hawthorne  place  from  Elm  street  to  Fullerton  avenue; 

On  Union  street  from  Elm  street  to  Mountain  avenue ; 

On  the  Crescent  from  Fullerton  avenue  to  Plymouth  street; 

On  Clinton  avenue  from  Gates  avenue  to  Myrtle  avenue; 

On  Myrtle  avenue  from  Clinton  avenue  to  Mountain  avenue; 

On  Mountain  avenue  and  Lower  Mountain  avenue  from  Myrtle 
avenue  to  Van  Vleck  street; 

On  Van  Vleck  street  from  Lower  Mountain  avenue  to  Mountain 
avenue ; 

On  Mountain  avenue  from  Van  Vleck  street  to  Bellevue  avenue; 

On  Walnut  street  from  Grove  street  to  Valley  road; 

On  Midland  avenue  from  Claremont  avenue  to  Chestnut  street; 

On  Grove  street  from  Bloomfield  avenue  to  Chestnut  street; 

On  Bellevue  avenue  from  Mountain  avenue  to  Grove  street; 

On  Park  street  from  Bellevue  avenue  to  Inwood  avenue;  and  such 


ORDINANCES. 


123 


other  streets,  avenues  and  highways  as  the  Council  may  from  time  to 
time  by  resolution  designate. 

Sec.  3.  The  said  company  may,  with  the  consent  of  the  Council 
and  abutting  property  owners,  as  above  prescribed,  erect  and  main¬ 
tain  pole  lines  and  the  usual  appurtenances  and  wires  affixed  thereto 
upon  the  streets,  avenues  and  public  places,  and  parts  of  streets, 
avenues  and  public  places  of  said  town  not  hereinbefore  designated, 
but  whenever  required  so  to  do  by  said  Council  it  shall  provide 
subways  or  underground  conduits  in  any  street  or  part  of  a  street 
in  which  poles  may  have  been  or  shall  hereafter  be  erected  under 
the  provisions  of  this  ordinance  of  any  existing  ordinance  or  any 
ordinance  hereafter  adopted,  for  all  that  part  of  the  line  consisting 
of  twenty  or  more  circuits,  or  connecting  sixty  or  more  subscribers, 
and  shall  thereupon  forthwith  remove  from  such  part  of  the  line  all 
poles  and  other  structures  above  the  surface  of  the  ground,  except 
such  distributing  poles  as  the  Council  shall  authorize ;  provided,  how¬ 
ever,  that  no  pole  lines  or  other  than  distributing  poles  shall  be 
erected  by  said  company  within  the  streets  of  that  section  of  said 
town  bounded  on  the  north  by  and  including  Chestnut  street,  on 
the  east  by  and  including  Grove  and  Elm  streets,  on  the  south  by 
and  including  Orange  road,  and  on  the  west  by  and  including  Valley 
road,  nor  shall  any  pole  lines  be  erected  by  said  company  on  that 
portion  of  Valley  road  from  Cooper  avenue  to  Inwood  avenue,  nor 
that  portion  of  Bellevue  avenue  from  Mountain  avenue  to  Park 
street.  Upon  the  completion  of  the  conduits  or  subways  in  any 
street  or  section  thereof,  the  said  company  shall  cause  its  overhead 
wires  and  poles  (except  such  distributing  poles  as  shall  have  been 
duly  authorized)  to  be  removed  from  the  streets  in  which  conduits 
are  constructed,  and  will  provide  space  for  all  wires  now  used  by 
the  Town  of  Montclair  for  fire  and  police  purposes  to  be  placed 
within  said  conduits.  And  in  the  event  of  the  failure  of  said  com¬ 
pany  to  remove  the  said  wires  and  poles  within  ten  days  after  notice 
so  to  do  shall  have  been  given  by  or  on  behalf  of  the  Council  to 
any  officer  or  agent  of  the  said  company,  the  Council  or  its  agents 
may  remove  the  said  wires  and  poles  at  the  expense  of  the  said 
company. 

Sec.  4.  And  be  it  further  ordained,  that  the  said  subways  or 
underground  conduits  shall  be  made  of  wood  or  other  suitable 
material,  and  shall  be  laid  when  authorized  by  the  Council  not  less 


124 


ORDINANCES. 


than  eighteen  inches  beneath  the  surface  of  the  street  and  not  less 
than  one  foot  nor  more  than  five  feet  outside  of  the  curb  line,  and 
shall  not  occupy  a  space  to  exceed  two  feet  in  width  and  four  feet 
in  depth,  excepting  where  existing  pipes  or  obstructions  may  require 
a  deviation  from  such  location  or  size,  in  which  cases  such  subways 
and  conduits  shall  be  located  under  the  direction  of  the  Council  in 
such  places  and  on  such  lines  and  of  such  size  as  to  preserve  the 
existing  rights  of  other  persons  or  companies.  The  subways  or 
conduits  shall  not  be  used  to  contain  wires  or  conductors  for  the 
transmission  of  electricity  for  any  other  purposes  than  as  herein 
provided,  to  wit :  The  carrying  of  telegraph  and  telephone  con¬ 
ductors  only.  All  manholes  shall  be  located  beneath  the  surface 
of  the  streets  at  such  points  along  the  line  of  the  subways  or  under¬ 
ground  conduits  as  may  be  necessary  or  convenient  for  placing  and 
operating  the  electrical  conductors  which  the  said  company  may  from 
time  to  time  place  in  said  subways  or  underground  conduits  and  as 
shall  be  approved  by  the  Council,  and  shall  be  so  constructed  as  not 
to  interfere  with  the  passage  of  the  public  over  and  along  the  said 
streets,  and  the  electrical  conductors  and  conduits  therefor  shall  be 
placed  so  as  not  to  injure  the  property  of  any  person  or  any  public 
or  private  sewer,  water  or  gas  pipe.  No  street  or  avenue  shall  be 
opened  by  the  said  company  without  a  written  permit  for  that  pur¬ 
pose,  signed  by  the  Superintendent  of  Roads  and  countersigned  by 
one  member  of  the  Committee  on  Roads  of  the  Council,  stating  the 
opening  authorized  to  be  made  thereunder,  which  permit  shall  remain 
in  the  possession  of  the  person  in  charge  of  said  work  and  be  by 
him  exhibited  to  any  police  officer  of  the  Town  of  Montclair  or  any 
member  of  the  town  government  upon  demand.  The  said  company, 
its  servants  and  employees  in  the  laying  of  any  wires  or  conduits, 
in  excavating  and  replacing  the  earth  in  any  street,  and  the  pavement 
thereon,  shall  be  under  the  supervision  of  the  Council  and  its  author¬ 
ized  agents,  and  shall  promptly  comply  with  their  orders;  the 
earth  removed  in  making  any  excavation  shall  be  restored,  and  the 
pavement,  if  any  be  taken  up,  shall  be  relaid  by  the  said  company 
in  a  thorough,  workmanlike  manner,  and  in  such  manner  as  to  pre¬ 
vent  any  future  sinking  of  the  pavement,  and  after  the  restoration 
of  such  earth  and  pavement,  the  same  shall  be  maintained  by  said 
company  in  as  good  condition  as  the  surrounding  pavement,  until 
such  street,  avenue  or  highway  in  each  case  shall  be  renewed  or 


ORDINANCES. 


125 


repaved  by  the  town.  The  cost  of  restoring  the  earth,  macadam  or 
otherwise  arising  from  such  excavation,  and  the  laying  of  pavements 
and  repairs  thereto  caused  by  the  opening  of  any  such  street,  alley 
or  public  place  shall  be  paid  by  said  company,  but  the  said  work  shall 
be  done  under  the  supervision  and  control  of  the  Council.  In  case 
the  said  company  shall  fail  or  neglect  to  restore  the  earth  removed 
in  making  the  excavation,  or  to  restore  the  pavement  taken  up,  in 
the  manner  aforesaid,  or  to  properly  maintain  the  same  before  the 
expiration  of  forty-eight  hours  after  notice  in  writing  to  do  such 
work  shall  have  been  served  upon  said  company,  or  one  of  its  officers, 
agents,  servants  or  employees  in  charge  of  such  work,  by  the  Council 
or  its  authorized  agent,  then  such  work  shall  be  done  at  the  expense 
of  said  company  by  the  Council  or  its  agents,  and  the  cost  thereof 
shall  be  paid  by  said  Company  upon  presentation  to  it  of  the  bills 
therefor  certified  as  correct  by  the  Council,  and  the  said  company 
shall  also  pay  all  expense  to  which  the  Town  of  Montclair  shall  be 
put  by  neglect  of  the  said  company  or  its  employees  in  the  doing  of 
any  work,  or  in  the  doing  of  the  same  in  an  unworkmanlike  manner. 

Sec.  5.  The  said  company  shall  indemnify  the  Town  of  Montclair 
against,  and  assume  all  liability  and  damages  which  may  at  any 
time  arise,  come  or  occur  to  said  Town  of  Montclair,  from  any  injury 
to  persons  or  property  in  the  doing  of  any  work  herein  mentioned, 
or  from  the  neglect  of  the  company  or  its  employees  to  comply  with 
the  provisions  of  any  ordinance  of  the  Town  of  Montclair,  relative 
to  the  use  of  streets  or  any  other  public  places,  and  the  maintenance 
of  lights  and  barriers  at  and  around  the  excavations  and  the  pro¬ 
tection  of  the  public  using  said  streets. 

Sec.  6.  Nothing  in  this  ordinance  shall  be  construed  to  grant 
unto  The  New  York  and  New  Jersey  Telephone  Company  an  exclu¬ 
sive  right,  or  to  prevent  the  grant  of  similar  privileges  to  other  com¬ 
panies  for  like  purposes  on  any  of  the  streets  and  highways  of  the 
Town. 

Sec.  7.  The  said  company  is  hereby  required  to  commence  the 
work  of  construction  of  the  subways  and  conduits  herein  authorized 
within  sixty  days  of  its  acceptance  of  this  ordinance,  and  to  proceed 
with  the  same  diligently  to  completion,  and  in  the  event  of  the 
failure  of  the  said  company  to  build  within  one  year  from  the  enact¬ 
ment  of  this  ordinance  at  least  three  miles  and  within  the  ensuing  five 
years  at  least  three  additional  miles,  of  said  subways  or  conduits  on 


126 


ORDINANCES. 


the  streets  authorized  in  this  ordinance,  or  in  any  of  the  resolutions 
hereafter  adopted  designating  other  streets  in  which  such  conduits 
or  subways  may  be  laid,  the  provisions  of  this  ordinance  shall  become 
void  and  of  no  effect,  unless  the  time  for  the  completion  of  any 
such  work  shall  be  extended  by  resolution  of  the  Council. 

In  case  any  of  the  said  subways  or  conduits  or  poles  or  wires  or 
parts  thereof  shall  be  abandoned  and  shall  not  be  used  for  telephone 
or  telegraph  purposes  by  the  said  Telephone  Company,  or  its  suc¬ 
cessors,  for  six  months,  then  and  in  that  case  the  subways,  conduits, 
poles  or  wires  or  parts  thereof  so  abandoned  shall,  without  any  action 
on  the  part  of  the  council  of  the  town,  become  the  property  of  and 
under  the  complete  control  of  the  said  Town  of  Montclair. 

Sec.  8.  In  consideration  hereof,  the  said  New  York  and  New 
Jersey  Telephone  Company  agrees  to  pay  to  the  Town  of  Montclair 
such  taxes  as  shall  be  lawfully  assessed  upon  said  company,  and  as 
further  consideration  to  provide  the  Town  of  Montclair  with  telephone 
service  free  of  rental  or  maintenance  charges  at  not  less  than  ten 
stations,  with  an  additional  station  for  each  fifty  additional  sub¬ 
scribers  above  two  hundred  obtained  by  said  company  in  Montclair, 
until  there  shall  be  fifteen  such  free  stations,  which  shall  not  be  later 
than  January  1st,  1903,  for  the  use  only  of  the  officers  or  employees 
of  the  town  for  official  business,  and  which  stations  shall  be  located 
in  such  public  buildings  or  offices  on  the  line  or  lines  of  said  Tel¬ 
ephone  Company,  in  the  Town  of  Montclair,  as  shall  be  designated 
by  the  Council,  service  thereon  to  be  the  same  as  to  the  company’s 
regular  subscribers.  All  tolls  shall  be  rebated  by  said  Telephone 
Company  for  connections  furnished  from  the  station  at  police  head¬ 
quarters,  on  business  of  the  town,  with  any  of  the  offices  located  on 
lines  in  the  State  of  New  Jersey  owned,  leased  or  controlled  by  said 
New  York  and  New  Jersey  Telephone  Company,  within  the  limit 
of  fifteen  miles  from  the  central  station  in  the  Town  of  Montclair, 
upon  certification  by  the  Chairman  of  the  Police  Committee,  or  of 
the  Council,  that  such  calls  were  made  upon  official  business. 

Sec.  9.  The  said  New  York  and  New  Jersey  Telephone  Com¬ 
pany  shall  provide  in  all  streets  and  places  in  or  through  which 
subways  or  conduits  shall  be  constructed,  sufficient  space  therein  to 
accommodate  the  fire  alarm  telegraph,  telephone  and  police  patrol 
wires  operated  or  to  be  operated  from  time  to  time  by  the  police, 
fire  and  other  departments  of  the  Town  of  Montclair,  and  shall  at 


ORDINANCES. 


127 


all  times  provide  proper,  sufficient  and  safe  conduits  for  such  tel¬ 
egraph  or  telephone  wires  and  keep  and  maintain  such  subways  and 
conduits  in  proper  order  and  repair,  all  without  charge,  and  permit 
the  said  town  to  have  proper  access  to,  and  to  insert  and  maintain 
said  wires  in  said  conduits;  and  shall  also  use  the  said  subways  or 
underground  conduits,  and  the  wires  therein  contained,  so  as  not  in 
any  way  to  interfere  with  the  operation  of  the  said  telegraph  or 
telephone  wires  of  the  said  town.  The  said  town  shall  also  have 
the  right  to  use  the  poles  of  said  Telephone  Company  for  the  support 
of  the  fire  alarm  or  police  patrol  telegraph  boxes  belonging  to  the 
town. 

Sec.  10.  The  charges  for  telephone  service  by  said  company 
within  the  Town  of  Montclair  shall  not  exceed  the  rates  charged 
by  it  for  a  like  class  of  service  in  any  city  or  town  of  the  State  of 
New  Jersey  of  equal  or  greater  population. 

Sec.  11.  This  ordinance  is  enacted  and  accepted  by  the  said 
company  on  the  express  condition  that  the  said  company  will  comply 
with  and  perform  the  terms  and  provisions  thereof,  and  if  the  said 
company,  its  successors  or  assigns,  shall  fail  to  keep  and  perform  the 
terms,  provisions  and  conditions  of  this  ordinance,  or  of  the  said 
contract  in  the  section  referred  to,  on  its  or  their  part  to  be  kept  and 
performed,  the  said  ordinance  shall  cease  and  determine,  upon  pass¬ 
age  of  a  resolution  to  that  effect  by  the  Council. 

Sec.  12.  And  be  it  further  ordained  that  said  company  shall  pay 
into  the  town  treasury  all  advertising  or  printing  or  other  fees  in¬ 
curred  by  the  town  under  or  in  respect  to  this  ordinance. 

Sec.  13.  Be  it  further  ordained  that  this  ordinance  shall  be  and 
continue  in  force  for  a  period  of  thirty-five  years  from  the  date  of 
its  adoption,  and  at  the  end  of  said  term  the  same  shall  cease,  deter¬ 
mine  and  become  void.  But  thereafter  the  town  shall  have  and  retain 
all  its  rights  under  this  ordinance  to  use  the  said  subways  for  its 
wires,  but  without  any  obligation  on  the  part  of  the  company  to 
maintain  said  subways  thereafter  solely  for  the  benefit  of  the  said 
town. 

Sec.  14.  And  be  it  further  ordained,  the  said  company  shall  file 
with  the  Town  Clerk  its  acceptance  of  this  ordinance  within  twenty 
days  from  the  date  of  its  passage. 

Sec.  15.  Be  it  further  ordained  that  before  the  permission  hereby 
granted  shall  go  into  effect,  a  contract  shall  be  drawn  embodying  the 


J28 


ORDINANCES. 


provisions  of  this  ordinance,  to  be  approved  by  the  Town  Attorney 
and  the  Council  and  duly  executed  by  an  authorized  officer  of  the 
said  telephone  company  and  the  Chairman  of  the  Council  and  at¬ 
tested  by  the  Town  Clerk  of  the  Town  of  Montclair,  and  filed  with 
the  Clerk  of  said  Town. 

Sec.  16.  And  be  it  further  ordained  that  at  the  time  of  filing 
the  acceptance  of  the  provisions  of  this  ordinance  by  The  New  York 
and  New  Jersey  Telephone  Company,  as  hereinbefore  provided,  the 
said  company  shall  enter  into  and  file  with  the  Town  Clerk  a  bond 
to  the  Town  of  Montclair,  to  be  approved  by  the  Council,  in  the 
penal  sum  of  $5,000,  conditioned  for  the  faithful  performance  of 
each  and  every  the  provisions  contained  in  this  ordinance,  and  the 
said  contract,  and  the  payment  of  all  sums  which  may  become  due 
to  the  town  under  or  by  reason  thereof.  Such  bond  and  the  sureties 
thereon  shall  be  renewed  and  approved  at  least  once  in  every  five 
years. 

Sec.  17.  The  word  “town”  as  used  in  this  ordinance  shall  be 
held  to  include  any  other  municipality  into  which  the  Town  of  Mont¬ 
clair  may  at  any  time  hereafter  be  changed,  or  with  or  into  which 
such  town  may  be  merged,  consolidated  or  annexed,  not  exceeding  the 
territorial  limits  of  the  present  township;  and  the  word  “Council” 
shall  be  held  to  include  and  apply  to  the  governing  body  of  such 
other  municipality. 

Sec.  18.  Pending  the  placing  of  its  conduits,  cables  and  wires 
underground  pursuant  to  the  provisions  of  this  ordinance,  The  New 
Tork  and  New  Jersey  Telephone  Company  shall  have  the  right  to 
maintain  so  many  of  the  posts  and  poles  erected  within  the  limits 
of  the  Town  of  Montclair,  by  virtue  of  an  ordinance  entitled  “An 
ordinance  designating  the  streets  and  highways  of  the  Township  of 
Montclair  in,  through  and  upon  which  the  posts  or  poles  of  The 
New  York  and  New  Jersey  Teiepnone  Company  may  be  placed  and 
prescribing  the  manner  of  placing  the  same,  and  regulating  the  use 
of  the  said  streets  and  highways  by  said  company,”  approved  by  the 
Township  Committee  of  the  Township  of  Montclair,  December  29, 
1890,  as  may  be  necessary,  subject,  however,  at  all  times  to  the  pro¬ 
visions  of  this  ordinance;  the  said  ordinance  entitled  “An  ordinance 
designating  the  streets  and  highways  of  the  Township  of  Montclair 
in.  through  and  upon  which  the  posts  or  poles  of  The  New  York  and 
New  Jersey  Telephone  Company  may  be  placed  and  prescribing  the 


ORDINANCES. 


129 


manner  of  placing  the  same,  and  regulating  the  use  of  the  said  streets 
and  highways  by  said  company,”  passed  or  approved  by  the  Township 
Committee  of  the  Township  of  Montclair,  December  29th,  1890,  being, 
and  the  same  is  hereby,  repealed,  and  the  said  The  New  York  and 
New  Jersey  Telephone  Company,  by  its  acceptance  of  this  ordinance, 
shall  be  deemed  to  have  consented  to  such  repeal. 

Adopted  March  28th,  1898. 


An  Ordinance  to  grant  consent  and  permission  to  the  North  Jersey  Street 
Railway  Company  to  construct,  operate  and  maintain  a  double  track 
Electric  Street  Railway  on  a  portion  of  Bloomfield  avenue,  in  the  Town 
of  Montclair,  in  the  County  of  Essex;  also  to  grant  consent  and  per¬ 
mission  to  The  North  Jersey  Street  Railway  Company  to  construct, 
operate  and  maintain  a  single  track  Electric  Street  Railway  on  a  portion 
of  Valley  Road,  in  the  Town  of  Montclair,  in  the  County  of  Essex,  to 
be  operated  by  the  overhead  or  trolley  system  and  to  locate  the 
respective  routes  thereof,  and  the  tracks  of  said  railways  conformably 
to  said  routes,  and  prescribing  the  terms  and  considerations  upon  which 
such  consent  and  permission  are  granted. 

Whereas,  The  North  Jersey  Street  Railway  Company,  and  a 
majority  of  the  directors  of  said  company,  a  corporation  of  the 
State  of  New  Jersey,  organized  under  an  act  entitled  “An  Act  to 
Authorize  the  Formation  of  Traction  Companies  for  the  Construc¬ 
tion  and  Operation  of  Street  Railways,  or  Railroads  Operated  as 
Street  Railways,  and  to  regulate  the  same,”  approved  March  14th. 
1893,  and  the  supplements  thereto,  having  first  filed  in  the  office  of 
the  Secretary  of  State  of  New  Jersey  a  description  of  its  route  upon 
Bloomfield  avenue,  in  the  County  of  Essex,  with  the  map  exhibiting 
the  same,  have  presented  their  joint  and  several  petition  to  the 
Council  of  the  Town  of  Montclair,  in  the  County  of  Essex,  for 
consent  to  construct,  operate  and  maintain  a  double  track  street 
surface  railway  within  the  limits  of  the  Town  of  Montclair,  upon  a 
part  of  Bloomfield  avenue,  one  of  the  streets  and  highways  of  said 
Town  of  Montclair,  as  set  out  in  the  following  description :  Begin¬ 
ning  in  Bloomfield  avenue  as  the  same  is  laid  out  in  the  Town  of 


130 


ORDINANCES. 


Montclair  at  the  easterly  line  of  said  Town  of  Montclair,  and  from 
thence  running  northwesterly  along  Bloomfield  avenue,  as  laid  out 
by  the  Essex  County  Road  Board,  to  the  easterly  line  of  the  Town¬ 
ship  of  Verona  and  ending  there,  which  route  above  described  is 
conformable  to  and  a  part  of  route  number  one,  and  the  map  exhib¬ 
iting  the  same,  filed  by  the  said  company  in  the  office  of  the  Secretary 
of  State  of  New  Jersey;  a  full  description  of  said  route  number  one 
is  as  follows : 

ROUTE  NUMBER  ONE. — Being  located  partly  in  the  Town¬ 
ship  of  Bloomfield,  Borough  of  Glen  Ridge,  Town  of  Montclair,  Town¬ 
ship  of  Verona,  Township  of  Caldwell  and  Borough  of  Caldwell, 
in  the  County  of  Essex  and  State  of  New  Jersey. 

Beginning  in  Bloomfield  avenue  as  the  same  is  laid  out  in  the 
Township  of  Bloomfield  where  the  tracks  of  the  Newark  Passenger 
Railway  now  terminate  in  the  vicinity  of  Liberty  street  in  said 
township;  from  thence  running  northwesterly  along  Bloomfield  ave¬ 
nue  as  laid  out  by  the  Essex  County  Road  Board,  the  various  courses 
and  distances  thereof  in  the  Township  of  Bloomfield,  through  the 
Borough  of  Glen  Ridge,  the  Town  of  Montclair,  the  Township  of 
Verona,  the  Township  of  Caldwell,  and  the  Borough  of  Caldwell 
to  Campbell  avenue  in  said  borough  and  ending  there,  and  also  for 
the  right  to  construct  one  crossover  on  Bloomfield  avenue  one  hundred 
feet  west  of  Orange  road. 

And  for  the  location  of  the  tracks  of  said  railway  upon  the  said 
route  designated  within  the  said  Town  of  Montclair,  to  the  con¬ 
struction  and  operation  of  which  consent  may  be  given,  and  for 
the  designation  of  points  or  places  within  said  Bloomfield  avenue, 
on  which  said  tracks  shall  be  located  at,  and  in  which  poles  may  be 
placed  whereon  wires  may  be  strung  for  the  purpose  of  supplying 
motors  with  electricity  for  the  propulsion  of  the  cars  of  the  said 
company  upon  said  railway,  and  also  authorizing  and  prescribing 
the  manner  in  which  the  wires  shall  be  strung  thereon. 

The  motive  power  to  be  used  for  the  operation  of  the  cars  upon 
said  railway  to  be  electricity  by  means  of  the  overhead  trolley  sys¬ 
tem,  which  petition  was  duly  filed  with  the  Clerk  of  the  Town  of 
Montclair,  the  ninety  day  of  March,  eighteen  hundred  and  ninety-six, 
as  appears  by  indorsement  thereon,  and  the  said  Council  of  the 


ORDINANCES. 


131 


Town  of  Montclair,  in  the  County  of  Essex,  at  their  meeting  on 
the  fourth  day  of  January,  eighteen  hundred  and  ninety-seven,  having 
by  resolution  then  duly  passed,  fixed  and  appointed  Thursday,  the 
twenty-eighth  day  of  January,  eighteen  hundred  and  ninety-seven,  at 
eight  o’clock  in  the  evening  of  that  day,  in  the  Leach  Building,  in 
said  Town  of  Montclair,  as  the  time  and  place  when  and  where 
the  said  application  or  petition  would  be  considered  by  them,  and 
directing  that  an  opportunity  be  then  given  to  all  persons  interested 
to  be  heard,  respecting  the  same,  and  having  in  said  resolution  also 
directed  that  public  notice  of  said  application  and  of  said  hearing 
be  given  by  publication  of  a  notice  of  said  meeting  in  the  “Montclair 
Times”  and  “Montclair  Herald,”  newspapers  circulating  in  said  Town 
of  Montclair,  and  by  posting  a  copy  of  said  notice  in  five  of  the 
most  public  places  in  said  town  for  at  least  fourteen  days  before 
said  meeting  of  the  Council,  which  notice  of  said  meeting  was  duly 
published  in  the  “Montclair  Times”  in  the  issues  of  said  newspaper 
published  on  January  ninth  and  sixteenth,  eighteen  hundred  and  ninety- 
seven;  also  in  the  “Montclair  Herald”  in  the  issues  of  said  newspaper 
published  on  January  seventh  and  fourteenth,  eighteen  hundred  and 
ninety-seven,  and  was  also  duly  posted  in  five  of  the  most  public  places 
in  said  town  for  at  least  fourteen  days  before  said  meeting  of  the 
Council,  as  appears  by  affidavits  on  file  with  the  Town  Clerk,  and 
Whereas,  At  the  time  and  place  appointed  by  said  resolution  and 
stated  in  said  notices,  to  wit,  on  Thursday,  the  twenty-eighth  day 
of  January,  eighteen  hundred  and  ninety-seven,  at  eight  o’clock  in 
the  evening  of  that  day,  at  the  Leach  Building  in  the  Town  of  Mont¬ 
clair,  the  Council  of  the  Town  of  Montclair  did  meet  pursuant  to 
their  said  resolution  and  for  the  purpose  aforesaid,  at  which  meeting 
a  quorum  of  said  Council  were  present,  and  did  then  proceed  to 
give  a  public  hearing  to  all  persons  appearing  and  desiring  to  be 
heard,  in  favor  of,  or  opposed  to,  or  in  any  wise  interested  in  the 
said  application  made  by  The  North  Jersey  Street  Railway  Company 
and  by  a  majority  of  the  directors  of  said  company,  and  the  said 
matter  having  been  fully  considered  by  the  said  Council,  and  said 
company  having  also  filed  with  the  Clerk  of  said  Town  a  map  show¬ 
ing  the  proposed  location  of  the  tracks  of  a  double  track  street  rail¬ 
way  and  also  showing  the  proposed  location  of  poles  for  support  of 
overhead  construction  of  trolley  wires  of  The  North  Jersey  Street 
Railway  Company  upon  a  portion  of  Bloomfield  avenue,  in  said  Town 


132 


ORDINANCES. 


of  Montclair,  which  is  the  portion  of  said  avenue  described  in  said 
petition,  and 

Whereas,  The  said  The  North  Jersey  Street  Railway  Company 
having  first  filed  in  the  office  of  the  Secretary  of  State  a  description 
of  the  route  of  the  line  of  railway  upon  a  portion  of  Valley  road 
in  the  Town  of  Montclair,  aforesaid,  showing  the  termini  thereof, 
together  with  maps  exhibiting  the  same,  has  presented  its  petition  to 
the  Council  of  the  Town  of  Montclair,  in  the  County  of  Essex,  for 
consent  to  construct,  operate  and  maintain  a  single  track  electric  street 
railway  within  the  limits  of  said  Town  of  Montclair  upon  a  portion 
of  Valley  road  in  the  Town  of  Montclair  aforesaid  and  filed  the 
same  with  the  Clerk  of  said  town,  together  with  the  map  or  descrip¬ 
tion  of  said  route,  showing  also  the  proposed  location  of  the  rails 
or  tracks  and  the  location  of  the  poles  or  conduits,  praying  the  said 
Council  for  consent  and  permission  to  said  company  to  construct, 
operate  and  maintain  a  single  track  street  railway  to  be  operated 
by  electricity  by  the  overhead  or  trolley  system  in,  over  and  upon  a 
portion  of  Valley  road,  one  of  the  roads,  streets  and  highways  of 
the  said  Town  of  Montclair,  and  for  consent  as  to  the  location  of 
the  route  of  said  line  of  railway  and  also  for  a  location  of  the  tracks, 
rails,  sidings,  crossovers,  turnouts,  switches,  poles  and  wires  of  said 
line  of  railway  conformably  to  said  route  filed  in  the  office  of  the 
Secretary  of  the  State  of  New  Jersey,  as  is  set  out  in  said  petition, 
which  petition  was  duly  filed  with  the  Clerk  of  the  Town  of  Mont¬ 
clair,  the  seventeenth  day  of  January,  eighteen  hundred  and  ninety- 
eight,  as  appears  by  indorsement  thereon,  and  the  said  Council  of 
the  Town  of  Montclair,  in  the  County  of  Essex,  at  their  meeting 
on  said  seventeenth  day  of  January,  eighteen  hundred  and  ninety-eight, 
having  by  resolution  then  duly  passed,  fixed  and  appointed  Monday, 
the  seventh  day  of  February,  eighteen  hundred  and  ninety-eight,  at 
eight  o’clock  in  the  evening  of  that  day,  in  the  council  rooms  in  said 
Town  of  Montclair,  as  the  time  and  place  when  and  where  the  said 
application  or  petition  would  be  considered  by  them,  and  directing 
that  an  opportunity  be  then  given  to  all  persons  interested  to  be  heard 
respecting  the  same,  and  having  in  said  resolution  also  directed  that 
public  notice  of  said  application  and  of  said  hearing  be  given  by 
publication  of  a  notice  of  said  meeting  in  the  “Montclair  Times”  and 
“Montclair  Herald,”  newspapers  circulating  in  said  Town  of  Mont¬ 
clair,  and  by  posting  a  copy  of  said  notice  in  five  of  the  most  public 


ORDINANCES. 


133 


places  in  said  Town  for  at  least  fourteen  days  before  said  meeting  of 
the  Council,  which  notice  of  said  meeting  was  duly  published  in  the 
“Montclair  Times,”  in  the  issues  of  said  newspaper  published  on 
January  twenty-second  and  twenty-ninth,  eighteen  hundred  and 
ninety-eight ;  also  in  the  “Montclair  Herald,”  in  the  issues  of  said 
newspaper  published  on  January  twentieth  and  twenty-seventh, 
eighteen  hundred  and  ninety-eight,  also  duly  posted  in  five  of  the 
most  public  places  in  said  town,  for  at  least  fourteen  days  before 
said  meeting  of  the  Council  as  appears  by  affidavits  on  file  with 
the  Town  Clerk,  and 

Whereas,  At  the  time  and  place  appointed  by  said  resolution  and 
stated  in  said  notice,  to  wit,  on  Monday,  the  seventh  day  of  February, 
eighteen  hundred  and  ninety-eight,  at  eight  o’clock  in  the  evening  of 
that  day,  at  the  Council  rooms  in  the  Town  of  Montclair,  the  Council 
of  the  Town  of  Montclair  did  meet  pursuant  to  their  said  resolution 
and  for  the  purpose  aforesaid,  at  which  meeting  a  quorum  of  said 
Council  were  present,  and  did  then  proceed  to  give  a  public  hearing 
to  all  persons  appearing  and  desiring  to  be  heard,  in  favor  of,  or 
opposed  to,  or  in  any  wise  interested  in  the  said  applications  made  by 
said  The  North  Jersey  Street  Railway  Company  and  the  said  matter 
having  been  fully  considered  by  the  said  Council, 

Now,  therefore,  be  it  ordained  by  the  Council  of  the  Town  of 
Montclair,  in  the  County  of  Essex,  that  consent  be  and  is  hereby 
given  to  said  route  and  routes  of  said  railway  as  described  in  said 
petitions,  and  that  the  tracks  or  routes  for  a  double  track  street  rail¬ 
way  and  a  single  track  street  railway,  respectively,  of  the  said  The 
North  Jersey  Street  Railway  Company,  be  and  they  are  hereby  lo¬ 
cated  in  said  Town  of  Montclair,  in  the  County  of  Essex,  described 
as  follows : 

The  said  double  track  street  railway :  Beginning  at  a  point  in 
Bloomfield  avenue  on  the  easterly  line  of  the  Town  of  Montclair; 
running  thence  northwesterly  over  and  through  Bloomfield  avenue 
to  the  easterly  line  of  the  Township  of  Verona  and  ending  there, 
and  that  one  crossover  between  the  tracks  of  said  company  is  hereby 
located  at  a  point  one  hundred  feet  west  of  Orange  road,  in  the 
Town  of  Montclair. 

The  single  track  street  railway :  Beginning  at  a  point  of  con¬ 
nection  with  the  tracks  on  Bloomfield  avenue  in  the  said  Town 
of  Montclair,  at  or  near  the  intersection  of  Valley  road  with  said 


134 


ORDINANCES. 


avenue,  and  in  such  manner  as  to  make  proper  connections  therewith, 
and  running  thence  northerly  to  the  intersection  of  Bloomfield  avenue 
and  Valley  road,  and  thence  in,  through  and  along  said  Valley  road 
the  various  directions  and  distances  thereof  to  the  point  where  the 
said  Valley  road  crosses  the  extreme  northern  line  of  said  Town 
of  Montclair  upon  the  county  line  between  the  County  of  Essex  and 
the  County  of  Passaic,  and  there  terminating. 

And  that  permission  and  consent  is  hereby  given  to  the  said  The 
North  Jersey  Street  Railway  Company  to  construct,  operate  and 
maintain  a  double  track  street  railway  for  the  transportation  of 
passengers  only,  upon  the  route  first  above  described,  and  to  con¬ 
struct,  operate  and  maintain  a  single  track  street  railway  or  railways 
for  the  transportation  of  passengers  only  on  the  route  secondly  here¬ 
inbefore  described,  and  also  permission  and  consent  to  construct  the 
necessary  sidings,  crossovers,  turnouts  and  switches  along  said  lines 
of  railway  respectively,  and  to  erect  the  necessary  and  proper  poles 
in  said  Bloomfield  avenue  and  Valley  road,  respectively,  and  public 
places,  for  sustaining  the  necessary  wires  to  convey  the  electricity  to 
the  motors  to  propel  the  cars  of  said  company  over  said  tracks,  and 
also  consent  and  permission  to  erect  and  string  the  necessary  wires 
upon  the  aforesaid  poles,  and  to  operate  the  cars  upon  the  said  rail¬ 
ways  by  use  of  electricity  as  the  propelling  power  of  said  cars,  pro¬ 
vided  that  no  locomotive  or  other  engine  moving  on  its  rails  pro¬ 
pelled  by  steam  shall  be  used  on  either  of  said  railway  tracks  in  said 
Town  of  Montclair.  The  location  of  tracks  and  crossover  and  con¬ 
sent  to  said  routes,  and  permission  for  the  construction,  maintenance 
and  operation  of  said  railways,  and  of  said  overhead  system  of  poles 
and  tiolley  wires  hereinbefore  granted  is  given  and  granted,  upon 
the  terms,  conditions,  limitations  and  restrictions  contained  in  the 
provisions  of  the  following  sections  of  this  ordinance : 

Section  1.  The  location  of  the  tracks  of  the  said  railways  in  and 
upon  said  routes  respectively  shall  be  as  follows : 

The  said  double  tracks  on  Bloomfield  avenue  in  said  Town  of 
Montclair  shall  be  laid  along  the  central  portion  of  said  avenue  and 
shall  be  an  equal  distance  from  the  centre  line  thereof,  excepting  at 
curves  or  angles,  where  the  same  shall  be  laid  as  hereinafter  de¬ 
scribed. 

The  width  between  the  gauges  shall  be  four  feet  and  four  inches, 
and  the  gauges  of  said  tracks  shall  be  four  feet  eight  and  one-half 


ORDINANCES. 


135 


inches.  Said  centre  line  of  Bloomfield  avenue  as  fixed  and 
determined  by  the  Essex  Public  Road  Board  in  the  Town  of  Mont¬ 
clair,  being  described  as  follows : 

Beginning  at  a  point  in  centre  line  of  Bloomfield  avenue  as  estab¬ 
lished  by  Essex  Public  Road  Board,  where  same  is  intersected  by 
the  boundary  line  between  Town  of  Montclair  and  Borough  of  Glen 
Ridge,  said  point  being  distant  measuring  south  twenty-nine  degrees 
fifteen  minutes  west  thirty-two  and  sixty  one  hundredths  feet  from 
the  centre  of  granite  monument  stone  on  north  side  of  said  avenue, 
marking  boundary  line  between  Town  of  Montclair  and  Borough 
of  Glen  Ridge ;  thence  running  along  centre  line  of  Bloomfield  avenue 
north  thirty-one  degrees  forty-five  minutes  west  twenty-seven  hundred 
and  twenty-four  and  fifty  hundredths  feet;  thence  north  thirty-eight 
degrees  six  minutes  west  thirty-eight  hundred  and  seventy-nine  and 
seventy-eight  hundredths  feet ;  thence  northerly  curving  to  the  east 
twenty-three  degrees  tangent  to  last  course  with  radius  of  seven 
hundred  and  eighty-three  and  forty-eight  hundredths  feet  for  a  dis¬ 
tance  of  three  hundred  and  fourteen  and  fifty  hundredths  feet ;  thence 
north  fifteen  degrees  six  minutes  west  eighteen  hundred  and  thirty 
and  sixty-seven  hundredths  feet;  thence  northerly  curving  to  the 
west  forty-seven  degrees  twenty-six  minutes  tangent  to  last  course, 
with  a  radius  of  three  hundred  and  fifty-nine  and  thirty-four  hun¬ 
dredths  feet,  for  a  distance  of  two  hundred  and  ninety-five  and  ninety- 
five  hundredths  feet  to  an  iron  bar  set  in  said  centre  line  of  Bloom¬ 
field  avenue,  where  same  is  intersected  by  the  boundary  line  between 
Town  of  Montclair  and  Township  of  Verona. 

And  the  courses  and  distances  of  the  centre  line  between  said 
tracks  upon  Bloomfield  avenue  as  hereby  located,  being  described  as 
follows : 

Beginning  at  a  point  in  centre  line  of  Bloomfield  avenue  as 
established  by  Essex  Public  Board  Road,  where  same  is  intersected 
by  the  boundary  line  between  the  Town  of  Montclair  and  Borough 
of  Glen  Ridge,  said  point  being  distant  measuring  south  twenty- 
nine  degrees  fifteen  minutes  west  thirty-two  and  sixty-one  hun¬ 
dredths  feet  from  centre  of  granite  monument  stone  on  north 
side  of  said  avenue  marking  boundary  between  Town  of  Montclair 
and  Borough  of  Glen  Ridge;  thence  running  along  centre  line  of 
Bloomfield  avenue  north  thirty-one  degrees  forty-five  minutes  west 
twenty-seven 'hundred  and  five  and  ten  hundredths  feet;  thence 


136 


ORDINANCES. 


running  northerly  curving  to  the  west,  six  degrees  twenty-one 
minutes  tangent  to  last  course,  with  a  radius  of  three  hundred 
and  fifty  feet  for  a  distance  of  thirty-eight  and  eighty  hundredths 
feet  to  centre  line  of  Bloomfield  avenue;  thence  along  centre  line 
of  Bloomfield  avenue  north  thirty-eight  degrees  six  minutes  west 
thirty-eight  hundred  and  sixty  and  thirty -eight  hundredths  feet; 
thence  northerly  along  centre  line  of  Bloomfield  avenue,  curving 
to  the  east,  twenty-three  degrees  tangent  to  last  course,  with 
radius  of  seven  hundred  and  eighty-three  and  forty-eight  hun¬ 
dredths  feet  for  a  distance  of  three  hundred  and  fourteen  and 
fifty  hundredths  feet;  thence  along  centre  line  of  Bloomfield  avenue 
north  fifteen  degrees  six  minutes  west  eighteen  hundred  and 
thirty  and  sixty-seven  hundredths  feet ;  thence  northerly  along 
centre  line  of  Bloomfield  avenue  curving  to  the  west  forty-seven 
degrees  twenty-six  minutes  tangent  to  last  course,  with  radius 
of  three  hundred  and  fifty-nine  and  thirty-four  hundredths  feet  for 
a  distance  of  two  hundred  and  ninety-five  and  ninety-five  hundredths 
feet  to  an  iron  bar  set  in  centre  line  of  Bloomfield  avenue,  where 
same  is  intersected  by  the  boundary  line  between  Town  of  Montclair 
and  Township  of  Verona. 

Together  with  three  crossovers  or  turnouts,  as  shown  on.  the 
map  filed  with  the  Town  Clerk  of  the  Town  of  Montclair,  showing 
poles,  location  of  tracks,  etc.,  upon  the  Bloomfield  avenue  line. 

The  said  single  tracks  upon  Valley  road  in  the  Town  of  Montclair 
shall  be  laid  in  and  along  the  central  portion  of  said  Valley  road,  and 
an  equal  distance  from  the  centre  line  thereof,  excepting  at  curves 
or  angles  where  the  same  shall  be  laid  as  hereinafter  described ;  and 
the  gauges  of  said  tracks  shall  be  four  feet  eight  and  one-half  inches. 
The  said  centre  line  on  Valley  road,  from  the  junction  of  the  double 
track  street  railway  on  Bloomfield  avenue  northerly  to  the  boundary 
line  between  the  County  of  Essex  and  County  of  Passaic,  is  described 
as  follows : 

Beginning  at  a  point  in  centre  line  of  Bloomfield  avenue,  bearing 
north  thirty-seven  degrees  thirty-eight  minutes  west  as  established 
by  the  Essex  Public  Road  Board,  in  Town  of  Montclair;  said  point 
being  distant  measuring  south  forty-one  degrees  fifty  minutes  west 
one  hundred  and  seven  and  eight  hundredths  feet  from  the  south¬ 
west  corner  of  stone  foundation  of  Montclair  Police  Station;  thence 
running  along  the  centre  line  of  Valley  road  north  seven  degrees 


ORDINANCES. 


137 


twenty-nine  minutes  east  seven  hundred  and  ninety-three  and 
thirty-eight  hundredths  feet ;  thence  north  ten  degrees  twenty-five 
minutes  east  five  hundred  and  twenty-six  and  twenty-two  hun¬ 
dredths  feet;  thence  north  thirty-four  degrees  thirty-six  minutes 
east  eleven  hundred  and  ten  and  thirty-five  hundredths  feet ; 
thence  north  twenty-two  degrees  forty-three  minutes  east  nine 
hundred  and  ninety  and  sixty-eight  hundredths  feet ;  thence  north 
forty-one  degrees  twenty  minutes  east  six  hundred  and  sixty-four 
and  ninety-six  hundredths  feet ;  thence  north  forty-two  degrees 
twenty-eight  minutes  east  one  hundred  and  eighty-seven  and 
sixty-three  hundredths  feet ;  thence  north  forty-four  degrees 
fifteen  minutes  east  two  hundred  and  sixty-four  and  sixty-seven 
hundredths  feet ;  thence  north  seventy -five  degrees  three  minutes 
east  one  thousand  and  five  and  sixty  hundredths  feet ;  thence  north 
forty-four  degrees  forty-four  minutes  east  thirteen  hundred  and 
eight  and  twenty  hundredths  feet  to  centre  line  of  Watchung 
avenue;  thence  along  centre  line  of  Watchung  avenue  south  forty- 
nine  degrees  thirty-six  minutes  east  two  and  seventy-eight  hun¬ 
dredths  feet  to  centre  line  of  Valley  road;  thence  along  centre  line 
of  Valley  road  north  forty-five  degrees  one  minute  east  twelve 
hundred  and  twenty-six  and  twenty-six  hundredths  feet ;  thence 
northerly  curving  to  the  west,  tangent  to  last  course,  thirty- 
nine  degrees  fifty-two  minutes,  with  a  radius  of  three  hundred 
and  thirty  and  eighty-four  hundredths  feet  for  a  distance  of 
two  hundred  and  twenty-nine  and  fifty  hundredths  feet ;  thence 
north  five  degrees  nine  minutes  east  five  hundred  and  twenty- 
three  and  forty-two  hundredths  feet ;  thence  northerly  curving 
to  the  west  tangent  to  last  course,  twenty-six  degrees  forty  minutes 
with  a  radius  of  nine  hundred  and  forty-five  and  sixteen  hundredths 
feet,  for  a  distance  of  four  hundred  and  thirty-nine  and  fifty 
hundredths  feet ;  thence  northerly  curving  to  the  east  eighteen 
degrees  forty-four  minutes  tangent  to  last  course,  with  a  radius 
of  thirteen  hundred  and  fifty-eight  and  sixty-seven  hundreds 
feet,  for  a  distance  of  four  hundred  and  forty  and  ninety-two 
hundredths  feet ;  thence  north  two  degrees  forty-seven  minutes 
west  seven  hundred  and  eighty-three  feet ;  thence  northerly  curving 
to  the  east,  tangent  to  last  course,  thirty-nine  degrees  eight  minutes, 
with  a  radius  of  sixteen  hundred  and  five  and  sixty-seven  hun¬ 
dredths  feet,  for  a  distance  of  one  thousand  and  ninety-seven 


138 


ORDINANCES. 


and  sixteen  hundredths  feet;  thence  north  thirty-six  degrees 
twenty-one  minutes  east  twenty-eight  hundred  and  ten  and 
seventy -five  hundredths  feet;  thence  north  thirty-six  degrees  east 
twenty-five  hundred  and  ninety-seven  and  eight  hundredths  feet  to 
a  monument  stone  in  the  boundary  line  between  the  Town  of  Mont¬ 
clair  and  Passaic  County. 

And  the  courses  and  distances  of  the  centre  line  of  said  line  of 
single  track  railway  upon  Valley  road,  including  the  switches  and 
turnouts,  as  hereby  located,  being  described  as  follows : 

Beginning  at  a  point  in  Bloomfield  avenue  distant  measuring 
at  right  angles  south  fifty-two  degrees  twenty-two  minutes  west 
four  and  fifty-two  hundredths  feet  from  the  centre  line  of  said 
avenue  as  established  by  the  Essex  Public  Road  Board  through 
the  Town  of  Montclair,  said  beginning  point  being  distant  meas¬ 
uring  south  twenty-nine  degrees  fifty-eight  minutes  east  thirty- 
three  and  eighty-seven  hundredths  feet  from  the  intersection  of 
the  centre  line  of  Valley  road  with  the  centre  line  of  Bloomfield 
avenue;  being  also  distant  measuring  south  twenty-six  degrees 
thirty-one  minutes  west  one  hundred  and  twenty-two  and  two 
hundredths  feet  from  the  southwest  corner  of  the  stone  foundation 
of  the  Montclair  Police  Station;  thence  running  northerly  on  a 
curve  to  the  east,  forty-five  degrees  seven  minutes  tangent  to  a 
line  parallel  with  the  centre  line  of  Bloomfield  avenue,  with  a 
radius  of  seventy  feet  for  a  distance  of  fifty-five  and  twelve  hun¬ 
dredths  feet  to  a  point  in  the  centre  line  of  Valley  road;  thence 
running  along  the  centre  line  of  Valley  road  tangent  to  last  curve, 
north  seven  degrees  twenty-nine  minutes  east  fourteen  and  eighty- 
four  hundredths  feet  to  switch  number  one.  Also  a  second  track 
beginning  at  a  point  in  said  Bloomfield  avenue  distant  measuring 
at  right  angles  north  fifty-two  degrees  twenty-two  minutes  east 
four  and  fifty-two  hundredths  feet  from  the  centre  line  of 
said  avenue  as  established,  said  point  being  distant  measuring  south 
forty-seven  degrees  fifteen  and  one-half  minutes  east  twenty* 
seven  and  three  hundredths  feet,  from  the  intersection  of  the 
centre  line  of  Valley  road  with  the  centre  line  of  Bloomfield  avenue; 
being  also  distant  measuring  south  twenty-seven  degrees  forty- 
three  minutes  west  one  hundred  and  ten  and  ninety-two  hun¬ 
dredths  feet  from  the  southwest  corner  of  the  stone  foundation  of 
the  Montclair  Police  Station ;  thence  running  northerly  on  a 


ORDINANCES. 


139 


curve  to  the  east  forty-five  degrees  seven  minutes  tangent  to  a 
line  parallel  with  the  centre  line  of  Bloomfield  avenue,  with  a 
radius  of  seventy-five  feet  for  a  distance  of  fifty-nine  and  five 
hundredths  feet  to  a  point  in  the  centre  line  of  Valley  road  at 
switch  number  one;  thence  running  along  the  centre  line  of  Valley 
road  tangent  to  last  curve,  north  seven  degrees  twenty-nine  min¬ 
utes  east  seven  hundred  and  forty-six  and  eighty-nine  hundredths 
feet ;  thence  running  northerly  curving  to  the  east  two  degrees 
fifty-six  minutes  tangent  to  last  course,  with  a  radius  of  three 
hundred  and  fifty  feet  for  a  distance  of  seventeen  and  ninety-two 
hundredths  feet  to  the  centre  line  of  Valley  road;  thence  running 
along  the  centre  line  of  Valley  road  tangent  to  last  curve,  north 
ten  degrees  twenty-five  minutes  east  four  hundred  and  ninety- 
three  and  fifty-four  hundredths  feet ;  thence  running  northerly 
curving  to  the  east,  twenty-four  degrees  eleven  minutes  tangent  to 
last  course  with  a  radius  of  one  hundred  and  ten  and  seventy-two 
hundredths  feet  for  a  distance  of  forty-six  and  eighty-one  hun¬ 
dredths  feet  to  the  centre  line  of  Valley  road;  thence  running  along 
the  centre  line  of  Valley  road  tangent  to  last  curve,  north  thirty-four 
degrees  thirty-six  minutes  east  four  hundred  and  sixteen  and  sixty- 
eight  hundredths  feet  to  switch  number  two ;  thence  running  north¬ 
erly  curving  to  the  east  six  degrees  fifty-six  and  one-half  minutes 
tangent  to  last  course,  with  a  radius  of  three  hundred  and  fifty 
feet  for  a  distance  of  forty-two  and  forty  hundredths  feet ;  thence 
running  northerly  curving  to  the  west  six  degrees  fifty-six  and 
one-half  minutes  tangent  to  last  curve,  with  a  radius  of  three 
hundred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hun¬ 
dredths  feet;  thence  running  north  thirty-four  degrees  thirty- 
six  minutes  east  one  hundred  feet ;  thence  running  northerly 

curving  to  the  west  six  degrees  fifty-six  and  one-half  minutes 
tangent  to  last  course,  with  a  radius  of  three  hundred  and  fifty 
feet  for  a  distance  of  forty-two  and  forty  hundredths  feet ;  thence 
running  northerly  curving  to  the  east  six  degrees  fifty-six  and 
one-half  minutes  tangent  to  last  curve,  with  a  radius  of  three 
hundred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hun¬ 
dredths  feet  to  switch  number  three  in  the  centre  line  of  Valley 

road.  Also  a  second  track  described  thus :  Beginning  at  said 

switch  number  two,  thence  running  northerly  curving  to  the  west 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  course, 


140 


ORDINANCES. 


with  a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  forty- 
two  and  forty  hundredths  feet ;  thence  running  northerly  curving 
to  the  east  six  degrees  fifty-six  and  one-half  minutes  tangent  to 
last  curve,  with  a  radius  of  three  hundred  and  fifty  feet  for  a  dis¬ 
tance  of  forty-two  and  forty  hundredths  feet ;  thence  running 
north  thirty-four  degrees  thirty-six  minutes  east  one  hundred 
feet ;  thence  running  northerly  curving  to  the  east  six  degrees 
fifty-six  and  one-half  minutes  tangent  to  last  course,  with  a  radius 
of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two  and 
forty  hundredths  feet ;  thence  running  northerly  curving  to  the 
west,  six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve, 
with  a  radius  of  three  hundred  and  fifty  feet,  for  a  distance 
of  forty-two  and  forty  hundredths  feet  to  switch  number  three 
in  the  centre  line  of  Valley  road;  thence  running  along  the  centre 
line  of  Valley  road  north  thirty-four  degrees  thirty-six  minutes 
east  three  hundred  and  seventy-nine  and  eighty-seven  hundredths 
feet ;  thence  running  northerly  curving  to  the  west  eleven  degrees 
fifty-three  minutes  tangent  to  last  course,  with  a  radius  of  two 
hundred  feet  for  a  distance  of  forty-one  and  forty-eight 
hundredths  feet  to  centre  line  of  Valley  road;  thence  running  along 
the  centre  line  of  Valley  road  north  twenty-two  degrees  forty- 
three  minutes  east  nine  hundred  and  thirty-seven  and  thirty- 
nine  hundredths  feet ;  thence  running  northerly  curving  to  the 
east  eighteen  degrees  twenty-seven  minutes  tangent  to  last  course, 
with  a  radius  of  two  hundred  feet,  for  a  distance  of  sixty-four 
and  forty  hundredths  feet  to  centre  line  of  Valley  road;  thence 
running  along  centre  line  of  Valley  road  north  forty-one  degrees 
twenty  minutes  east  six  hundred  and  twenty-nine  and  two  hun¬ 
dredths  feet ;  thence  running  northerly  curving  to  the  east  one 
degree  eight  minutes  tangent  to  last  course,  with  a  radius  of  three 
hundred  and  fifty  feet,  for  a  distance  of  six  and  ninety-two  hun¬ 
dredths  feet  to  centre  line  of  Valley  road;  thence  running  along 
the  centre  line  of  Valley  road  north  forty-two  degrees  twenty-eight 
minutes  east  one  hundred  and  seventy-eight  and  seventy-three 
hundredths  feet ;  thence  running  northerly  curving  to  the  east 
one  degree  forty-seven  minutes  tangent  to  last  course,  with  a 
radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  ten  and 
eighty-eight  hundredths  feet  to  centre  line  of  Valley  road;  thence 
running  along  the  centre  line  of  Valley  road  north  forty-four 


ORDINANCES. 


141 


degrees  fifteen  minutes  east  two  hundred  and  thirty-one  and 
sixty -eight  hundredths  feet;  thence  running  northerly  curving  to 
the  east  thirty  degrees  forty-eight  minutes  tangent  to  last  course, 
with  a  radius  of  one  hundred  feet,  for  a  distance  of  fifty-three  and 
seventy-five  hundredths  feet  to  centre  line  of  Valley  road  at  switch 
number  four ;  thence  running  easterly  curving  to  the  south,  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve,  with 
a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two 
and  forty  hundredths  feet;  thence  running  easterly  curving  to 
the  north,  six  degrees  fifty-six  and  one-half  minutes  tangent  to 
last  curve,  with  a  radius  of  three  hundred  and  fifty  feet,  for  a 
distance  of  forty-two  and  forty  hundredths  feet;  thence  running 
north  seventy-five  degrees  three  minutes  east  one  hundred  feet ; 
thence  running  easterly  curving  to  the  north  six  degrees  fifty-six 
and  one-half  minutes  tangent  to  last  course,  with  a  radius  of  three 
hundred  and  fifty  feet,  for  a  distance  of  forty-two  and  forty  hun¬ 
dredths  feet ;  thence  running  north  seventy-five  degrees  three  minutes 
east  one  hundred  feet ;  thence  running  easterly  curving  to  the  south 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve  with 
a  radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two 
and  forty  hundredths  feet ;  to  switch  number  five  in  the  centre  line 
of  Valley  road.  Also  a  second  track  described  thus:  Beginning 
at  said  switch  number  four,  thence  running  easterly  curving  to 
the  north  six  degrees  fifty-six  and  one-half  minutes  tangent  to 
last  course,  with  a  radius  of  three  hundred  and  fifty  feet  for  a  dis¬ 
tance  of  forty-two  and  forty  hundredths  feet ;  thence  running 
easterly  curving  to  the  south  six  degrees  fifty-six  and  one-half 
minutes  tangent  to  last  curve,  with  a  radius  of  three  hundred  and 
fifty  feet,  for  a  distance  of  forty-two  and  forty  hundredths  feet; 
thence  north  seventy-five  degrees  three  minutes  east  one  hundred 
feet;  thence  running  easterly  curving  to  the  south  six  degrees 
fifty-six  and  one-half  minutes  tangent  to  last  course,  with  a  radius 
of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two  and 
forty  hundredths  feet ;  thence  running  easterly  curving  to  the  north 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve, 
with  a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of 
forty-two  and  forty  hundredths  feet  to  switch  number  five  in  the 
centre  line  of  Valley  road;  thence  running  along  the  centre  line 
of  Valley  road  north  seventy-five  degrees  three  minutes  east  six 


142 


ORDINANCES. 


hundred  and  eighty-one  and  seventy  hundredths  feet;  thence 
running  northerly  curving  to  the  west  thirty  degrees  nineteen 
minutes  tangent  to  last  course,  with  a  radius  of  one  hundred  feet, 
for  a  distance  of  fifty-three  and  three  hundredths  feet  to  centre 
line  of  Valley  road  ;  thence  running  along  centre  line  of  Valley  road 
north  forty-four  degrees  forty-four  minutes  east  twelve  hundred 
and  thirty-six  and  forty-five  hundredths  feet;  thence  running 
northerly  curving  to  the  east  five  degrees  nineteen  minutes  tangent 
to  last  course,  with  a  radius  of  three  hundred  and  twenty-three 
and  seven  hundredths  feet,  for  a  distance  of  twenty-nine  and 
ninety-seven  hundredths  feet ;  thence  running  northerly  curving 
to  the  west  five  degrees  two  minutes  tangent  to  last  curve,  with  a 
radius  of  three  hundred  and  forty-one  and  twenty-eight  hun¬ 
dredths  feet,  for  a  distance  of  twenty-nine  and  ninety-eight  hun¬ 
dredths  feet  to  centre  line  of  Valley  road;  thence  running  along 
centre  line  of  Valley  road  north  forty-five  degrees  one  minute  east 
one  hundred  and  seventy-eight  and  one  one-hundredth  feet  to 
switch  number  six;  thence  running  northerly  curving  to  the  east 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  course, 
with  a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of 
forty-two  and  forty  hundredths  feet ;  thence  running  northerly 
curving  to  the  west  six  degrees  fifty-six  and  one-half  minutes 
tangent  to  last  curve,  with  a  radius  of  three  hundred  and  fifty  feet 
for  a  distance  of  forty-two  and  forty  hundredths  feet;  thence 
running  north  forty-five  degrees  one  minute  east  one  hundred 
feet ;  thence  running  northerly  curving  to  the  west  six  degrees 
fifty-six  and  one-half  minutes  tangent  to  last  course,  with  a  radius 
of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two  and  forty 
hundredths  feet;  thence  running  northerly  curving  to  the  east 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve, 
with  a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  forty- 
two  and  forty  hundredths  feet  to  switch  number  seven  in 
the  centre  line  of  Valley  road.  Also  a  second  track  described  thus: 
Beginning  at  said  switch  number  six,  thence  running  northerly 
curving  to  the  west,  six  degrees  fifty-six  and  one-half  minutes  tangent 
to  last  course,  with  a  radius  of  three  hundred  and  fifty 
feet,  for  a  distance  of  forty-two  and  forty  hundredths  feet;  thence 
running  northerly  curving  to  the  east  six  degrees  fifty-six  and  one- 
half  minutes  tangent  to  last  curve,  with  a  radius  of  three  hundred 


ORDINANCES. 


143 


and  fifty  feet,  for  a  distance  of  forty-two  and  forty  hundredths 
feet;  thence  running  north  forty -five  degrees  one  minute  east  one 
hundred  feet,  thence  running  northerly  curving  to  the  east  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  course,  with 
a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two 
and  forty  hundredths  feet;  thence  running  northerly  curving  to 
the  west  six  degrees  fifty-six  and  one-half  minutes  tangent  to  last 
curve,  with  a  radius  of  three  hundred  and  fifty  feet,  for  a  distance 
of  forty-two  and  forty  hundredths  feet  to  switch  number  seven 
in  the  centre  line  of  Valley  road;  thence  running  along  the  centre 
line  of  Valley  road  north  forty-five  degrees  one  minute  east  seven 
hundred  and  sixty-three  and  ninety-eight  hundredths  feet;  thence 
running  northerly  along  the  centre  line  of  Valley  road  curving  to 
the  west  thirty-nine  degrees  fifty-two  minutes  tangent  to  last 
course,  with  a  radius  of  three  hundred  and  thirty  and  eighty-four 
hundredths  feet,  for  a  distance  of  two  hundred  and  twenty-nine 
and  fifty  hundredths  feet;  thence  running  along  centre  line  of 
Valley  road  north  five  degrees  nine  minutes  east  five  hundred  and 
twenty-three  and  forty-two  hundredths  feet;  thence  running 
northerly  along  centre  line  of  Valley  road  curving  to  the  west 
twenty-six  degrees  forty  minutes  tangent  to  last  course,  with  a 
radius  of  nine  hundred  and  forty-five  and  sixteen  hundredths  feet 
for  a  distance  of  four  hundred  and  thirty-nine  and  fifty  hundredths 
feet;  thence  running  northerly  along  centre  line  of  Valley  road 
curving  to  the  east  eighteen  degrees  forty-four  minutes  tangent  to 
last  curve,  with  a  radius  of  thirteen  hundred  and  fifty-eight  and 
sixty-seven  hundredths  feet,  for  a  distance  of  four  hundred 
and  forty  and  ninety-two  hundredths  feet  to  switch  number  eight; 
thence  running  northerly  curving  to  the  east,  six  degrees  fifty-six 
and  one-half  minutes  tangent  to  last  curve,  with  a  radius  of  three 
hundred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hun¬ 
dredths  feet;  thence  running  northerly  curving  to  the  west  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve,  with 
a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two 
and  forty  hundredths  feet;  thence  running  north  two  degrees 
forty-seven  minutes  west  one  hundred  feet ;  thence  running  north¬ 
erly  curving  to  the  west  six  degrees  fifty-six  and  one-half  minutes 
tangent  to  last  course,  with  a  radius  of  three  hundred  and  fifty  feet 
for  a  distance  of  forty-two  and  forty  hundredths  feet ;  thence 


144 


ORDINANCES. 


running  northerly  curving  to  the  east  six  degrees  fifty-six  and  one- 
half  minutes  tangent  to  last  course,  with  a  radius  of  three  hundred 
and  fifty  feet,  for  a  distance  of  forty-two  and  forty  hundredths 
feet  to  switch  number  nine  in  the  centre  of  -Valley  road;  Also  a 
second  track  described  thus :  .  Beginning  at  said  switch  number 
eight,  thence  running  northerly  curving  to  the  west  six  degrees 
fifty-six  and  one-half  minutes,  tangent  to  last  course,  with  a  radius 
of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two  and  forty 
hundredths  feet;  thence  running  northerly  curving  to  the  east,  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve,  with  a 
radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two  and 
forty  hundredths  feet ;  thence  running  north  two  degrees  forty-seven 
minutes  west  one  hundred  feet;  thence  running  northerly  curving 
to  the  east  six  degrees  fifty-six  and  one-half  minutes  tangent  to 
last  course,  with  a  radius  of  three  hundred  and  fifty  feet,  for  a 
distance  of  forty-two  and  forty  hundredths  feet;  thence  running 
northerly  curving  to  the  west,  six  degrees  fifty-six  and  one-half 
minutes  tangent  to  last  curve,  with  a  radius  of  three  hundred 
and  fifty  feet,  for  a  distance  of  forty-two  and  forty  hundredths 
feet  to  switch  number  nine  in  the  centre  line  of  Valley  road; 
thence  running  along  centre  line  of  Valley  road  north  two  de¬ 
grees  forty-seven  minutes  west  five  hundred  and  thirteen  and 
seventy-three  hundredths  feet ;  thence  running  northerly  along 
centre  line  of  Valley  road  curving  to  the  east  thirty-nine  degrees 
eight  minutes  tangent  to  last  course,  with  a  radius  of  sixteen 
hundred  and  five  and  sixty-seven  hundredths  feet,  for  a  distance 
of  ten  hundred  and  ninety-seven  and  sixteen  hundredths  feet; 
thence  running  along  centre  line  of  Valley  road  north  thirty-six 
degrees  twenty-one  minutes  east  seven  hundred  and  nine  and 
twenty-five  hundredths  feet  to  switch  number  ten ;  thence  running 
northerly  curving  to  the  east  six  degrees  fifty-six  and  one-half 
minutes  tangent  to  last  course,  with  a  radius  of  three  hundred  and 
fifty  feet,  for  a  distance  of  forty-two  and  forty  hundredths  feet;  thence 
running  northerly  curving  to  the  west  six  degrees  fifty-six  and 
one-half  minutes  tangent  to  last  curve,  with  a  radius  of  three 
hundred  and  fifty  feet,  for  a  distance  of  forty-two  and  forty  hun¬ 
dredths  feet ;  thence  north  thirty-six  degrees  twenty-one  minutes 
east  one  hundred  feet ;  thence  running  northerly  curving  to  the 
west  six  degrees  fifty-six  and  one-half  minutes  tangent  to  last 


ORDINANCES. 


145 


course,  with  a  radius  of  three  hundred  and  fifty  feet  for  a  distance 
of  forty-two  and  forty  hundredths  feet;  thence  running  northerly 
curving  to  the  east  six  degrees  and  fifty-six  and  one-half  minutes 
tangent  to  last  curve,  with  a  radius  of  three  hundred  and  fifty 
feet,  for  a  distance  of  forty-two  and  forty  hundredths  feet  to  switch 
number  eleven  in  centre  line  of  Valley  road.  Also  a  second  track 
described  thus :  Beginning  at  said  switch  number  ten,  thence 
running  northerly  curving  to  the  west  six  degrees  fifty-six  and  one- 
half  minutes  tangent  to  last  course,  with  a  radius  of  three  hun¬ 
dred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths 
feet ;  thence  running  northerly  curving  to  the  east,  six  degrees 
fifty-six  and  one-half  minutes  tangent  to  last  curve,  with  a  radius 
of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two  and 
forty  hundredths  feet ;  thence  running  north  thirty-six  degrees 
twenty-one  minutes  east  one  hundred  feet ;  thence  running  northerly 
curving  to  the  east  six  degrees  fifty-six  and  one-half  minutes 
tangent  to  last  course,  with  a  radius  of  three  hundred  and  fifty  feet, 
for  a  distance  of  forty-two  and  forty  hundredths  feet ;  thence 
running  northerly  curving  to  the  West  six  degrees  fifty-six  and 
one-half  minutes  tangent  to  last  curve,  with  a  radius  of  three 
hundred  and  fifty  feet,  for  a  distance  of  forty-two  and  forty  hun¬ 
dredths  feet  to  switch  number  eleven  in  center  line  of  Valley  road; 
thence  running  along  centre  line  of  Valley  road  north  thirty-six 
degrees  twenty-one  minutes  east  eighteen  hundred  and  thirty-two 
and  twenty-three  hundredths  feet ;  thence  running  along  the  centre 
line  of  Valley  road  north  thirty-six  degrees  east  five  hundred  and 
sixty-two  and  fifty  hundredths  feet  to  switch  number  twelve ; 
thence  running  northerly  curving  to  the  east  six  degrees  fifty-six 
and  one-half  minutes  tangent  to  last  course,  with  a  radius  of  three 
hundred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hun¬ 
dredths  feet ;  thence  running  northerly  curving  to  the  west  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve  with 
a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  forty- 
two  and  forty  hundredths  feet ;  thence  running  north  thirty-six 
degrees  east  one  hundred  feet ;  thence  running  northerly  curving 
to  the  west  six  degrees  fifty-six  and  one-half  minutes,  tan¬ 
gent  to  last  course,  with  a  radius  of  three  hundred  and  fifty  feet  for 
a  distance  of  forty-two  and  forty  hundredths  feet ;  thence  running 
northerly  curving  to  the  east  six  degrees  fifty-six  and  one-half  min- 


146 


ORDINANCES. 


utes  tangent  to  last  curve  with  a  radius  of  three  hundred 
and  fifty  feet,  for  a  distance  of  forty-two  and  forty  hundredths 
feet  to  switch  number  thirteen  in  the  centre  line  of  Valley  road. 

Also  a  second  track  described  thus:  Beginning  at  said  switch 
number  twelve,  thence  running  northerly  curving  to  the  west 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  course, 
with  a  radius  of  three  hundred  and  fifty  feet,  for  a  distance  of  forty- 
two  and  forty  hundredths  feet;  thence  running  northerly  curving 
to  the  east  six  degrees  fifty-six  and  one-half  minutes  tangent  to  last 
curve,  with  a  radius  of  three  hundred  and  fifty  feet  for  a 
distance  of  forty-two  and  forty  hundredths  feet;  thence  running 
north  thirty-six  degrees  east  one  hundred  feet;  thence  running 
northerly  curving  to  the  east  six  degrees  fifty-six  and  one-half 
minutes  tangent  to  last  course,  with  a  radius  of  three  hundred 
and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths 
feet ;  thence  running  northerly  curving  to  the  west  six  degrees 
fifty-six  and  one-half  minutes  tangent  to  last  curve,  with  a  radius 
of  three  hundred  and  fifty  feet,  for  a  distance  of  forty-two  and 
forty  hundredths  feet  to  said  switch  number  thirteen  in  centre  line  of 
Valley  road;  thence  running  along  centre  line  of  Valley  road  north 
thirty-six  degrees  east  seventeen  hundred  and  sixty-five  and  thirty-one 
one-hundredths  feet  to  a  monument  stone  set  in  the  intersection  of 
the  centre  line  of  Valley  road  with  the  boundary  line  between  the 
County  of  Essex  and  County  of  Passaic  and  ending  there. 

Sec.  2.  The  sidings  and  turnouts  on  said  single  track  railway  on 
Valley  road  shall  be  two  hundred  and  seventy  feet  in  length  and 
shall  be  placed  and  located  as  stated  in  the  foregoing  description. 

Sec.  3.  The  poles  to  be  used  for  the  equipping  of  said  lines  of 
street  railway  for  operation  by  electricity  shall  be  of  iron  similar  to 
those  used  by  North  Jersey  Street  Railway  Company  in  the  construc¬ 
tion  of  its  line  of  street  railway  upon  Bloomfield  avenue  in  tire 
Borough  of  Glen  Ridge;  said  poles  shall  be  at  least  twenty  feet  in 
height  above  the  surface  of  the  ground,  and  shall  be  set  and  located 
on  each  side  of  said  Bloomfield  avenue  and  Valley  road  within  and 
not  more  than  one  foot  from  the  curb  line  at  points  and  places 
as  designated  and  shown  on  the  maps  on  file  with  the  Town  Clerk 
of  Montclair,  to  which  maps,  for  greater  certainty,  reference  is 
hereby  made;  and  said  maps  are  hereby  for  the  purpose  of  showing 
the  particular  designation  and  location  of  said  poles,  declared  to  be 


ORDINANCES. 


147 


a  part  of  this  ordinance.  Said  poles  shall  be  set  or  pla.nted  to  a 
depth  of  not  less  than  four  feet  in  the  ground,  and  the  space  around 
said  poles  to  a  distance  of  eight  inches  from  the  diameter  of  said 
poles,  shall  be  filled  with  broken  stone  laid  as  concrete,  compactly 
rammed  so  as  to  insure  the  permanence  and  stability  of  said  poles. 

Sec.  4.  The  span  wires  shall  be  of  steel,  and  the  trolley  wires 
shall  be  at  least  eighteen  feet  from  the  ground,  and  when  crossed 
by  existing  electric  light,  telephone  and  telegraph  wires,  shall  be 
protected  by  guard  wires  properly  insulated.  The  feed  wires  shall 
be  strung  from  pole  to  pole  and  shall  be  properly  insulated.  The 
span  and  feed  wires  shall  be  at  least  eighteen  feet  from  the  ground. 

Sec.  5.  The  rails  to  be  used  for  said  tracks  upon  the  Bloomfield 
avenue  line  shall  be  street  railway  girder  rails  with  flanged  top  of 
the  weight  of  not  less  than  eighty-five  pounds  to  the  yard,  and  the 
crossovers  upon  said  line  within  the  limits  of  said  town  shall  be 
similar  in  size,  length  and  construction  to  the  crossovers  now  in 
use  by  the  North  Jersey  Street  Railway  Company  at  the  westerly 
line  of  the  Borough  of  Glen  Ridge;  and  the  rails  to  be  used  for 
said  tracks  upon  the  Valley  road  line  shall  be  what  is  known  as  the 
“Standard  T  rail,”  of  a  weight  of  not  less  than  eighty-five  pounds 
to  the  yard. 

Sec.  6.  The  said  location  of  said  double  and  single  tracks  for 
said  Bloomfield  avenue  and  Valley  road  lines  of  street  railway, 
and  of  crossovers,  sidings,  turnouts  and  switches  and  said  location 
of  poles  for  the  support  of  the  overhead  system  of  trolley  wires 
hereinbefore  made,  granted  and  designated,  is  shown  in  detail  upon 
and  is  conformable  to  maps  filed  by  the  said  North  Jersey  Street 
Railway  Company  with  the  Clerk  of  the  said  Town  of  Montclair, 
relating  to  said  two  lines  of  proposed  street  railway,  to  which  for 
greater  certainty  reference  is  hereby  made;  and  said  maps  are  hereby, 
for  the  purpose  of  location  of  tracks  and  designation  of  poles,  and 
for  all  other  purposes  explanatory  of  this  ordinance,  hereby  declared 
to  be  a  part  of  this  ordinance. 

Sec.  7.  The  space  of  one  foot  on  each  side  of  each  rail  on  the 
Bloomfield  avenue  line  shall  be  paved  with  first  class  level  top 
trap  rock  block  paving  stones,  properly  laid,  so  as  to  facilitate  the 
passing  and  crossing  of  vehicles  over  the  pavements  and  rails.  The 
remaining  space  between  the  rails  and  between  the  two  tracks  on 
the  Bloomfield  avenue  line  shall  be  laid  with  first-class  level  top 


148 


ORDINANCES. 


trap  rock  block  pavement ;  and  the  space  between  the  rails  and  turn¬ 
outs  on  the  Valley  road  line  shall  be  paved  with  first-class  macadam 
to  the  depth  of  not  less  than  eight  inches,  and  said  pavement  and 
macadam  shall  be  kept  in  good  order  and  repair  at  all  times  at  the 
expense  of  the  said  North  Jersey  Street  Railway  Company. 

Sec.  8.  The  present  tel  ford  pavement  shall  be  removed  from  said 
Bloomfield  avenue,  and  the  space  on  each  side  of  said  avenue,  where 
there  is  a  double  track,  for  a  width  of  seventeen  feet,  more  or  less, 
measuring  from  the  outside  row  of  the  above  required  trap  rock 
block  to  the  gutter  line,  shall  be  laid  with  tel  ford  pavement  to  a 
depth  of  one  foot.  The  specifications  for  said  pavement  shall  be 
prepared  by  the  County  Engineer  of  the  County  of  Essex,  to  be 
approved  by  the  Freeholders’  Committee  on  Roads  of  said  county, 
and  said  work  shall  be  done  under  the  direction  and  to  the  satis¬ 
faction  and  approval  of  the  Board  of  Freeholders  of  the  County  of 
Essex,  the  said  Company  agreeing  to  comply  in  all  other  respects 
with  the  terms  of  the  resolution  of  the  Board  of  Chosen  Freeholders 
of  Essex  County,  passed  at  a  regular  meeting  held  February  tenth, 
eighteen  hundred  and  ninety-eight,  granting  permission  to  the  North 
Jersey  Street  Railway  Company  to  lay  their  tracks  in  the  centre 
of  Bloomfield  avenue. 

The  present  macadam  pavement  on  Valley  road  shall  be  removed 
from  said  road,  and  the  space  on  each  side  of  the  track  of  a  width 
of  not  less  than  eleven  feet  on  either  side  of  said  track,  measuring 
from  the  outside  rails,  shall  be  paved  with  macadam  pavement,  said 
pavement  to  be  laid  according  to  specifications  prepared  by  the  Town 
Surveyor  of  the  Town  of  Montclair,  and  shall  be  constructed  and 
done  in  the  best  workmanlike  manner  and  to  the  satisfaction  of  the 
Council  of  the  Town  of  Montclair. 

Sec.  9.  The  said  company  shall  lay  its  rails  to  conform  to  the 
grades  of  Bloomfield  avenue  and  Valley  road  at  the  time  of  the 
laying  thereof,  and  in  case  of  any  change  in  the  grade  or  of  the 
surface  of  said  Bloomfield  avenue  or  Valley  road,  respectively,  or 
any  part  thereof  at  any  time,  then  the  said  company  at  its  own 
expense  and  cost  shall  immediately  on  request  made  in  writing  by 
the  Council  of  the  Town  of  Montclair,  so  change  the  location  of  its 
tracks  and  the  surface  of  such  part  of  Bloomfield  avenue  or  Valley 
road  as  the  case  may  be,  as  to  conform  to  such  change  of  surface 
or  change  of  grade  or  of  any  newly  established  grade. 


ORDINANCES. 


149 


All  posts  and  poles,  wires  and  overhead  constructions  made  and 
constructed  by  said  company  within  the  Town  of  Montclair,  shall 
be  made,  erected  and  constructed  under  the  supervision  and  satis¬ 
faction  of  the  Council  of  the  Town  of  Montclair. 

Sec.  10.  During  the  construction  of  the  said  railway  lighted  lan¬ 
terns  shall  be  kept  and  maintained  by  said  company  from  sunset  to 
sunrise  during  each  and  every  night,  which  lanterns  shall  be  placed 
not  more  than  one  hundred  feet  apart  along  each  part  of  said  Bloom¬ 
field  avenue  and  Valley  road,  where  work  of  construction  shall  have 
been  begun  and  not  completed.  The  work  shall  be  thoroughly  pro¬ 
tected  in  all  other  respects,  so  as  to  prevent  accident;  in  case  any 
accident  should  happen  to  any  person  or  persons  or  damage  of 
property  is  caused  because  of  or  by  reason  of  any  work  connected 
with  such  construction  of  said  railway  or  afterwards,  or  because  of, 
or  by  reason  of  the  operation  thereof,  or  through  the  carelessness  or 
negligence  of  any  of  the  company’s  officers,  servants,  agents  or  em¬ 
ployees,  the  said  company  shall  indemnify  and  save  the  said  Town 
of  Montclair  harmless  from  all  costs,  loss  or  damage  by  reason 
thereof. 

Sec.  11.  The  North  Jersey  Street  Railway  Company  shall  sprinkle 
their  tracks  and  roadway  between  the  tracks  within  the  Town  of 
Montclair  with  water  sufficient  to  keep  said  roadway  free  from  dust 
from  the  first  day  of  April  to  the  first  day  of  October  in  each  year; 
and  for  this  purpose  the  Town  of  Montclair  agrees  to  furnish  the 
said  company  the  water  required  for  such  purpose  free  of  charge; 
such  water  to  be  taken  from  a  standpipe  on  the  line  of  said  railway, 
to  be  designated  by  the  Council  of  the  Town  of  Montclair. 

Sec.  12.  All  cars  operated  by  the  said  railway  company  through 
the  Town  of  Montclair,  or  within  the  limits  of  said  Town,  shall  be 
the  best  approved  pattern  and  changed  from  time  to  time  to  meet 
modern  requirements  of  street  railway  travel,  and  equipped  with 
fenders  of  the  most  approved  pattern,  so  attached  to  the  car  as  best 
to  protect  from  injury  all  persons  on  said  avenue,  street  or  road. 
Said  cars  shall  also  be  provided  with  headlights,  to  be  lighted  at 
night,  and  proper  gongs,  which  shall  be  rung  at  all  side  streets  and 
cross-roads,  so  as  to  give  proper  warning  of  the  approach  of  the  car. 
All  cars  shall  be  comfortably  heated  in  cold  weather  and  lighted  by 
electricity,  kept  clean  and  properly  ventilated,  and  the  platform  of 
all  cars  shall  be  so  arranged  that  from  the  first  day  of  November  to 


150 


ORDINANCES. 


the  first  day  of  April  the  front  platform  shall  be  enclosed  for  the 
protection  of  the  motorman. 

All  cars  shall  be  properly  protected  upon  the  sides  of  the  platform 
by  rails  or  gates,  so  that  ingress  or  egress  to  and  from  said  cars 
can  only  be  had  from  the  side  of  the  car  nearest  the  curb. 

Sec.  13.  Where  said  railway  tracks  shall  pass  over  culverts  or 
gutters,  the  bottom  of  which  shall  be  below  the  grade  line  of  said 
railway,  iron  girders  or  proper  supports  of  the  most  approved  pattern 
shall  be  provided  by  the  company  and  such  necessary  bridges  with 
proper  drains  shall  be  constructed  across  the  tracks  so  as  not  to  hinder 
or  obstruct  the  flow  of  surface  water  underneath  the  tracks  of  said 
railway. 

Sec.  14.  The  said  railway  company  and  their  officers,  servants, 
agents,  or  employees,  shall  not,  nor  shall  any  or  either  of  them,  be 
allowed  to  shovel,  throw  or  place  any  snow,  ice,  slush,  or  any  other 
material  alongside  the  track  or  tracks  of  said  company  in  any  street 
or  avenue  in  such  manner  as  to  obstruct  other  public  travel  thereon, 
but  when  removing  such  snow,  ice,  slush  or  any  other  material  from 
said  track  or  tracks,  the  said  railway  company,  or  its  said  officers, 
servants,  agents  or  employees  shall  cause  the  same  to  be,  without 
unnecessary  delay,  levelled  between  the  said  track  or  tracks  and 
the  gutter  lines  on  each  side  thereof.  In  case  the  said  railway  com¬ 
pany  shall  for  twelve  hours  after  snow  has  stopped  falling  neglect 
to  carry  out  the  provisions  of  this  paragraph,  the  Superintendent  of 
Roads  of  the  Town  of  Montclair  may  give  notice  to  said  railway 
company  to  comply  immediately  with  said  provisions,  and  if  the 
railway  company  shall  remain  in  default  for  eight  hours  after  said 
notice  has  been  given,  the  Superintendent  of  Roads  may  have  the 
necessary  work  done  at  the  expense  of  said  company,  who  will  pay 
for  same  on  demand. 

Sec.  15.  No  salt  shall  be  used  by  said  company  on  any  part  of 
its  tracks  except  on  the  heavy  grades,  curves  and  turnouts,  without 
the  consent  of  the  Council  of  the  Town  of  Montclair  or  the  proper 
officers  of  said  town,  nor  shall  any  car  belonging  to  the  said  Railway 
Company  be  allowed  to  stand  in  or  obstruct  any  cross  street  or 
stand  on  any  crosswalk,  except  to  receive  or  discharge  passengers, 
nor  to  stand  or  remain  in  any  one  position  upon  the  said  street  or 
avenue  for  more  than  five  minutes  at  any  one  time,  except  when 
such  car  shall  be  unavoidably  obstructed  or  detained  without  fault  or 


ORDINANCES. 


151 


negligence  of  said  railway  company,  or  any  of  its  officers,  servants, 
agents  or  employees,  under  a  penalty  of  ten  dollars,  to  be  paid  by 
said  company  to  the  Town  of  Montclair  with  cost  of  collection  for 
each  and  every  violation  of  this  section. 

Sec.  16.  The  Council  of  the  Town  of  Montclair  in  behalf  of 
said  town  reserves  the  right  to  dig  or  excavate  in  and  upon  said 
streets,  roads,  or  avenues  for  the  purpose  of  laying,  replacing,  exam¬ 
ining  and  repairing  any  sewer,  water  or  gas  pipes  or  for  the  purpose 
of  making  any  other  public  improvements  or  doing  any  other  public 
work  whatsoever,  and  the  said  railway  company  shall  have  no  recourse 
or  claim  to  damages  because  of  any  detention  to  travel  on  the  said 
railway  arising  therefrom,  provided  that  said  work  shall  be  done 
as  quickly  as  possible  without  causing  unnecessary  delay  in  the  opera¬ 
tion  of  said  railway,  and  provided  further,  that  if  such  work  can 
be  made  or  done  in  any  feasible  or  practicable  way  without  obstruct¬ 
ing  the  operation  of  said  railway,  then  such  work  must  be  done  in 
such  manner  as  to  obstruct  such  operation  as  little  as  possible. 

In  case  of  fire  the  Fire  Department  of  the  Town  of  Montclair 
shall  have  the  right,  without  notice  and  without  compensaiton,  to 
cut  or  remove  any  overhead  wires  of  said  railway  company  for  the 
purpose  of  more  readily  and  safely  extinguishing  said  fire,  if  the 
same  be  deemed  necessary  by  the  Chief  Engineer  of  the  Fire  De¬ 
partment. 

Sec.  17.  The  said  company  shall  remove  any  dirt,  gravel  or  any 
other  material  or  obstruction  placed  by  it  or  its  employees  on  said 
street  or  avenue  within  three  days  after  the  service  on  said  company 
of  written  notice  so  to  do  by  the  said  council  of  the  Town  of  Mont¬ 
clair  or  its  duly  authorized  agent.  In  case  the  company  shall  fail 
to  remove  such  obstruction,  and  put  the  said  road  in  as  good  order 
as  before  such  obstruction  was  placed  therein  by  said  company,  the 
said  council  may  order  the  said  work  to  be  done  at  the  expense  of 
said  railway  company. 

Sec.  18.  All  persons  driving  vehicles  on  any  of  the  tracks  of 
the  said  company,  when  met  or  overtaken  by  a  car  of  the  company, 
shall,  on  being  warned  by  the  ringing  of  a  bell  or  gong,  or  by  request 
of  the  motorman  or  conductor  of  said  car,  without  unnecessary  delay, 
turn  and  drive  said  vehicle  off  such  track  or  tracks,  so  as  to  allow 
such  car  to  pass  by;  it  being  understood  that  the  cars  of  said  com¬ 
pany  shall  have  the  right  of  way  over  the  tracks  of  said  company, 


152 


ORDINANCES. 


and  any  persons  violating  this  section  shall  be  subject  to  a  penalty 
or  fine  of  five  dollars  to  be  recovered  before  the  Recorder  of  said 
town. 

Sec.  19.  '  The  rate  of  fares  to  be  charged  for  each  and  every  adult 
passenger  riding  on  the  cars  of  said  North  Jersey  Street  Railway 
Company  shall  be  as  follows : 

For  each  passenger  from  any  point  in  the  Town  of  Montclair  to 
any  other  point  in  the  Town  of  Montclair,  five  cents,  and  necessary 
transfers  shall  be  given  to  make  this  effective. 

For  each  passenger  from  any  point  in  the  Town  of  Montclair  to 
any  point  on  the  Bloomfield  avenue  line  in  the  Borough  of  Glen  Ridge 
or  the  Township  of  Bloomfield,  five  cents. 

For  each  passenger  from  any  point  in  the  Town  of  Montclair  on 
the  Bloomfield  avenue  line  to  any  point  on  the  Bloomfield  avenue 
line  in  the  Township  of  Verona,  five  cents. 

For  each  passenger  on  the  Bloomfield  avenue  line  to  any  point 

between  the  Township  of  Bloomfield  and  the  Market  street  station 

in  the  City  of  Newark,  from  any  point  west  of  St.  Luke’s  place,  in 
the  Town  of  Montclair,  the  sum  of  ten  cents;  and  from  any  point 
east  of  said  St.  Luke’s  place,  the  sum  of  six  cents  until  such  time  as 
the  Borough  of  Glen  Ridge  shall  agree  to  accept  in  lieu  of  com¬ 
pensation  a  five  cent  fare  to  or  from  Newark;  and  thereafter  the 
fare  between  St.  Luke’s  place  and  Market  street  station  shall  be 
forthwith  reduced  to  five  cents;  and  in  the  meantime  and  beginning 
from  the  commencement  and  first  operation  of  the  line  on  Bloomfield 
avenue  in  the  Town  of  Montclair,  the  said  North  Jersey  Street  Rail¬ 
way  Company  shall  pay  to  the  Town  of  Montclair  compensation  at 
the  rate  of  two  thousand  dollars  per  year,  and  at  the  said  rate  for 

any  shorter  period  during  which  the  said  fare  of  six  cents  between 

St.  Luke’s  place  and  the  Market  street  station  shall  be  collected ;  such 
payment  to  be  made  semi-annually;  which  compensation  to  the  Town 
of  Montclair  shall  cease  when  and  so  soon  as  said  six  cent  fare  from 
St.  Luke’s  place  to  the  Market  street  station  shall  be  reduced  to  five 
cents. 

Between  any  point  in  the  Town  of  Montclair  on  the  line  of  said 
railway  on  Valley  road,  and  any  point  on  the  Bloomfield  avenue 
line  of  said  company  in  the  City  of  Newark  terminating  at  the 
Market  street  station,  the  fare  shall  be  ten  cents  until  January  first, 
1901,  and  thereafter  shall  be  eight  cents. 


ORDINANCES. 


153 


Excursion  tickets,  from  Montclair  to  the  City  of  Newark  and 
return,  with  transfer  coupons  attached,  good  each  way  upon  any 
line  of  the  Consolidated  Traction  Company  in  the  City  of  Newark, 
shall  be  furnished  by  said  North  Jersey  Street  Railway  Company 
to  any  passenger  requesting  the  same  for  the  sum  of  two  cents  in 
addition  to  the  fares  as  above  fixed  respectively. 

The  fares  to  be  charged  for  school  children  under  sixteen  years 
of  age  during  the  days  while  schools  in  said  town  are  in  session, 
shall  be  at  the  rate  of  thirty-three  tickets  for  the  sum  of  one  dollar, 
which  tickets  shall  be  sold  to  any  scholar  under  the  age  of  sixteen 
years  whose  attendance  at  the  schools  in  said  town  shall  be  certified 
by  the  principal  in  charge  of  the  various  schools  at  which  said  scholars 
respectively  shall  attend,  and  said  tickets  shall  be  good  between 
the  hours  of  7  :45  a.  m.  and  5  p.  m.  during  the  days  when  said  schools 
are  in  session. 

Sec.  20.  All  cars  on  the  Bloomfield  avenue  line  in  the  Town  of 
Montclair  shall  make  a  continuous  trip  from  the  Market  street  depot 
in  the  City  of  Newark  and  St.  Luke’s  place  in  the  Town  of  Montclair; 
and  during  the  summer  months  at  least  every  fourth  car  run  over 
the  Bloomfield  avenue  line  shall  be  of  a  pattern  known  as  “a  closed 
passenger  car.” 

The  cars  on  the  Bloomfield  avenue  line  east  of  St.  Luke’s  place, 
shall  be  run  from  six  o’clock  in  the  morning  until  eight  o’clock  at 
night  on  a  headway  of  ten  minutes,  and  from  eight  o’clock  at  night 
until  ten  o’clock  at  night  at  a  headway  of  twenty  minutes;  and  from 
ten  o’clock  at  night  to  one  o’clock  in  the  morning  at  a  headway  of 
thirty  minutes;  the  last  car  to  leave  each  terminus  not  earlier  than 
one  o’clock  a.  ni. 

The  cars  on  the  Valley  road  line  shall  run  on  a  headway  of  fifteen 
minutes  from  six  o’clock  in  the  morning  until  eight  o’clock  at  night, 
and  from  eight  o’clock  at  night  until  one  o’clock  in  the  morning  at 
a  headway  of  thirty  minutes,  the  last  car  to  leave  the  northern  termi¬ 
nus  of  the  Valley  road  line  at  one  o’clock  in  the  morning. 

Said  cars  shall  be  run  at  a  speed  not  exceeding  eight  miles  an 
hour  in  said  Town  of  Montclair,  and  the  Council  of  the  Town  of 
Montclair  reserves  the  right  to  further  reasonably  regulate  the  head¬ 
way  and  speed  at  which  the  cars  shall  run  along  any  part  of  the  said 
routes  within  the  Town  of  Montclair. 

Sec.  21.  All  cars  operated  by  the  said  railway  company  shall  come 


154 


ORDINANCES. 


to  a  full  stop  at  the  several  points  or  places  where  the  railroad  track 
or  tracks  of  said  company  or  the  track  or  tracks  of  any  railroad  line, 
owned,  controlled  or  operated  by  it  or  its  successors  or  assigns  shall 
or  may  cross  or  intersect  the  track  or  tracks  of  any  street  railroad 
or  of  any  steam  railroad  within  the  Town  of  Montclair  before  passing 
over  any  such  crossing  or  intersecting  track  or  tracks. 

Sec.  22.  Whenever  a  motive  power  which  shall  do  away  with 
overhead  wires  shall  be  found  practicable  and  in  successful  operation 
in  any  municipality  in  the  United  States  of  not  greater  population  than 
the  Town  of  Montclair  or  its  successors,  the  North  Jersey  Street 
Railway  Company  or  its  successors  shall  on  six  months’  notice  in 
writing,  to  be  given  by  the  Council  of  the  Town  of  Montclair  or 
its  successors,  forthwith  change  its  motive  power  upon  its  line  within 
the  Town  of  Montclair  or  its  successors,  to  such  motive  power  as 
may  be  in  use  in  such  other  municipality;  and  when  such  change  is 
made,  said  railway  company  shall  proceed  immediately  to  remove  all 
poles  and  overhead  wires  from  the  street  or  streets,  avenue  or  avenues, 
over  and  through  which  their  tracks,  poles  and  wires  may  have  been 
placed. 

Sec.  23.  The  said  company  shall  complete  the  construction  of 
both  its  said  railways,  and  said  railways,  including  the  Valley  road 
line,  shall  be  put  in  operation  simultaneously  within  one  year  from 
the  passage  of  this  ordinance ;  otherwise  all  the  rights,  powers  and 
privileges  hereby  granted,  and  every  one  of  them,  may  by  declaration 
of  the  council,  become  null  and  void,  unless  for  good  cause  shown  the 
council  of  said  town  shall  extend  said  time. 

Sec.  24.  The  provisions,  terms  and  conditions  of  this  ordinance 
shall  be  binding  upon  the  successors  of  the  said  North  Jersey  Street 
Railway  Company  as  well  as  upon  the  said  company  as  now  con¬ 
stituted. 

Sec.  25.  The  rights  and  privileges  hereby  given,  so  far  as  the 
same  relate  to  the  Valley  road  line,  shall  continue  until  the  first  day 
of  January,  nineteen  hundred  and  thirty-eight;  the  right  being  re¬ 
served  by  the  town  council  to  purchase  at  the  expiration  of  said  term, 
or  any  subsequent  forty-year  period,  the  said  line  of  street  railway 
on  Valley  road,  consent  and  permission  to  construct  which  is  hereby 
given,  and  the  appurtenances  therewith,  including  the  overhead  wire 
and  poles,  from  the  said  company  at  the  actual  initial  cost  to  the  said 
company  of  the  construction  of  the  said  Valley  road  line  in  this  ordi- 


ORDINANCES. 


155 


nance  described,  including  the  additional  cost  of  changing  the  motive 
power  if  required,  pursuant  to  Section  22  of  this  ordinance;  PRO¬ 
VIDED,  however,  in  the  event  of  the  purchase  of  said  line  by  the 
Town  of  Montclair,  if  the  motive  power  has  been  changed  and  the 
use  of  overhead  poles  and  wires  thereby  dispensed  with,  the  original 
cost  of  such  poles  and  wires  shall  not  be  included  as  a  part  of  the 
initial  cost  of  construction  of  said  line.  And  the  said  company 
shall  file  with  the  Clerk  of  said  town,  within  sixty  days  after  the 
completion  of  the  Valley  road  line,  a  statement  of  the  actual  cost  of 
the  construction  thereof,  specifying  in  detail  the  items  thereof,  which 
statement  shall  be  verified  by  the  oath  of  the  Treasurer  of  said  com¬ 
pany;  and  in  case  of  the  change  of  motive  power,  at  the  request  of 
the  Council  of  the  Town  of  Montclair  or  its  successors,  the  said 
North  Jersey  Street  Railway  Company  or  its  successors  shall  file 
with  the  Clerk  of  said  town,  within  sixty  days  after  the  completion 
of  said  change  of  motive  power,  a  statement  of  the  actual  cost  of  the 
construction  thereof,  specifying  in  detail  the  items  thereof,  which 
statement  shall  also  be  verified  by  the  oath  of  the  Treasurer  of  said 
company. 

In  case  the  Council  determines  to  make  such  purchase,  the  pay¬ 
ment  for  said  purchase  shall  be  made  to  the  said  company,  its  suc¬ 
cessors  or  assigns,  on  or  before  the  said  first  day  of  January,  nineteen 
hundred  and  thirty-eight,  and  on  any  purchase  by  the  said  town,  or 
its  successors,  all  rights  of  said  railway  company  on  said  line  shall 
cease  and  determine;  and  it  is  agreed  on  the  part  of  the  said  Town 
Council  that  notice  shall  be  given  to  the  said  company,  or  its  suc¬ 
cessors  or  assigns,  on  or  before  the  first  day  of  July,  nineteen  hundred 
and  thirty-seven,  of  the  intention  of  the  said  Town  Council  to  pur¬ 
chase  the  said  line  of  tracks  by  virtue  of  the  rights  reserved  by  this 
section,  it  being  further  agreed  and  ordained  that  if,  on  the  first  day 
of  July,  nineteen  hundred  and  thirty-seven,  the  said  Town  Council 
shall  not  have  determined  to  purchase  the  said  line,  that  there  shall 
then  be  a  readjustment  of  the  terms  and  conditions  under  which  the 
said  company,  or  its  successors  or  assigns,  may  continue  to  enjoy 
the  franchise  upon  said  line  for  another  term  of  forty  years,  and 
further  at  the  expiration  of  each  and  every  forty  years’  period  there¬ 
after  the  said  town  shall  have  the  right  of  purchase  on  the  same 
terms,  or  at  its  option  there  shall  be  a  readjustment  of  terms  and 
conditions,  and  a  further  extension  of  said  franchises  for  a  new  and 


156 


ORDINANCES. 


further  period  of  forty  years;  that  in  such  adjustment  there  may  be 
considered  and  determined  the  rates  of  fare  to  be  charged  by  the 
said  company,  or  its  successors  or  assigns,  for  the  carrying  of  passen¬ 
gers  within  the  limits  of  the  Town  of  Montclair  as  now  constituted, 
and  for  the  carrying  of  passengers  between  the  said  Town  of  Mont¬ 
clair  and  the  City  of  Newark,  or  other  adjoining  municipalities,  and 
also  an  adjustment  of  the  compensation,  if  any,  to  be  paid  by  the 
said  company  to  the  Town  of  Montclair,  or  its  successors,  if  in  the 
judgment  of  the  then  existing  Council,  or  other  governing  body,  such 
readjustment  shall  be  desired  for  the  public  good  and  warranted  by 
the  number  of  passengers  carried  by  said  company  upon  said  line,  at 
the  respective  adjustment  dates  as  herein  fixed;  the  aforesaid  deter¬ 
mination  of  the  said  Council,  or  other  governing  body,  herein  pro¬ 
vided  for,  to  be  manifested  by  resolution  passed  by  a  majority  vote 
of  its  members,  of  which  said  action  the  said  company  shall  have 
ten  days’  notice  before  final  adoption.  Upon  the  adoption  of  said 
resolution,  the  said  Council,  or  other  governing  body,  and  the  said 
North  Jersey  Street  Railway  Company,  or  its  successors,  shall  imme¬ 
diately  proceed  to  make  the  readjustment  herein  provided  for,  and  in 
case  the  said  Council,  or  its  successors,  and  the  North  Jersey  Street 
Railroad  Company,  or  its  successors,  shall  not  be  able  to  agree  upon 
the  terms  of  said  adjustment,  or  readjustment  as  the  case  may  be, 
within  two  months  from  the  date  of  the  adoption  of  said  resolution 
as  herein  provided,  the  said  Council,  or  other  governing  body, 
and  the  said  North  Jersey  Street  Railway  Company,  or  its  successors, 
shall  each  forthwith  choose  an  arbitrator,  and  the  two  so  chosen 
shall  select  a  third,  who  shall  not  reside  within  the  limits  of  the 
Town  of  Montclair  as  now  constituted,  nor  be  in  any  way  interested 
in  said  railway  company,  or  its  successors,  and  the  decision  of  a 
majority  of  the  persons  constituting  the  Board  of  Arbitrators  as 
aforesaid  shall  be  binding  upon  both  the  said  Council,  or  other 
governing  body,  and  the  said  railway  company,  or  its  successors, 
as  to  the  matters  of  adjustment,  or  readjustment,  as  the  case  may 
be,  contemplated  by  this  section,  and  in  case  the  said  North  Jersey 
Street  Railway  Company,  or  its  successors,  shall  fail  to  choose 
an  arbitrator  as  herein  provided,  the  said  Council,  or  other  govern¬ 
ing  body,  shall  have  power  to  make  such  adjustment  or  readjustment, 
and  the  same,  when  so  made,  shall  be  binding  upon  the  North  Jersey 
Street  Railway  Company,  or  its  successors,  in  like  manner  as  if  made 


ORDINANCES. 


157 


by  arbitrators  as  herein  set  out;  provided,  however,  that  neither  the 
said  arbitrators  nor  said  Council,  or  other  governing  body,  shall  in¬ 
crease  the  fares  to  be  charged  by  said  railway  company,  or  its  suc¬ 
cessors,  beyond  the  rates  fixed  by  this  ordinance.  The  expense  of 
the  arbitrator,  or  arbitrators,  contemplated  by  this  section,  if  found 
necessary,  shall  be  borne  by  the  Town  of  Montclair,  or  its  successors, 
and  the  said  company,  or  its  successors,  in  equal  proportion. 

Sec.  26.  All  expenses  incident  to  the  adoption  and  printing  of 
this  ordinance,  as  well  as  the  public  hearings  required  by  law,  pre¬ 
liminary  thereto,  shall  be  borne  by  said  company,  and  this  ordinance 
shall  not  go  into  effect  until  the  North  Jersey  Street  Railway  Com¬ 
pany  shall  have  executed  in  duplicate,  under  its  corporate  seal,  duly 
attested  and  approved  or  acknowledged  at  the  foot,  as  a  true  copy 
of  the  ordinance,  an  acceptance  thereof  in  these  terms:  “The  North 
Jersey  Street  Railway  Company  hereby  agrees  to  all  the  terms,  con¬ 
ditions  and  restrictions  in  the  foregoing  ordinance  set  forth,”  and 
shall  file  one  of  the  duplicate  agreements  with  the  Town  Clerk  and 
another  with  the  Clerk  of  Essex  County,  within  ten  days  after  the 
passage  hereof. 

Adopted  April  20th,  1908. 


Supplement  to  an  Ordinance  entitled  “Ordinance  Designating  the  Streets 
and  Highways  in  the  Town  of  Montclair,  in  the  County  of  Essex,  in 
which  the  Posts,  Poles  and  Conduits  of  the  Montclair  and  Bloomfield 
Telephone  Company  shall  be  placed,  and  prescribing  the  manner  of 
placing  the  same  and  Regulating  the  use  of  the  Streets  and  Highways 
by  said  Company.”  Adopted  September  28th,  1896. 

Whereas,  Bv  Section  1  of  the  ordinance  to  which  this  ordinance 
is  a  supplement,  it  was  provided  that  no  poles  should  be  erected  by 
said  The  Montclair  and  Bloomfield  Telephone  Company  within  the 
streets  of  that  section  of  said  town  of  Montclair  bounded  on  the 
north  by  and  including  Chestnut  street,  on  the  east  by  and  including 
Grove  and  Elm  streets,  on  the  south  by  and  including  Orange  road 
and  on  the  west  by  and  including  Valley  road,  nor  should  any  poles 
be  erected  by  said  company  on  that  portion  of  Valley  road  from 


158 


ORDINANCES. 


Cooper  avenue  to  Inwood  avenue  nor  on  that  portion  of  Bellevue 
avenue  from  Mountain  avenue  to  Park  street,  and 

Whereas,  It  is  necessary  for  the  operation  of  an  underground 
system  of  telephonic  communication  that  distributing  poles  be  erected 
and  maintained  at  certain  points. 

Section  1.  Now,  therefore,  be  it  ordained  by  the  Council  of  the 
Town  of  Montclair,  in  the  County  of  Essex,  that  The  Montclair  and 
Bloomfield  Telephone  Company  be,  and  it  is  hereby  authorized  and 
empowered,  subject  to  the  provisions  of  this  ordinance,  to  construct, 
maintain  and  operate,  for  the  uses  and  purposes  of  its  business,  a 
system  of  electrical  conductors  for  distribution  from  the  electrical 
conductors  heretofore  placed  and  to  be  hereafter  placed  in  its  sub¬ 
ways,  cables  or  underground  conduits  within  the  prohibited  area 
referred  to  in  the  preamble  of  this  ordinance;  provided,  however, 
that  no  pole  shall  at  any  time  be  erected  in  or  upon  any  of  the 
streets,  avenues  or  other  highways  within  said  prohibited  area  or 
district,  except  with  the  written  consent  of  the  abutting  property 
owners  and  the  Council  in  conformity  with  this  ordinance.  All  poles 
erected  by  said  company  by  virtue  of  this  ordinance  shall  be  straight 
poles,  finished  smooth  and  painted  with  at  least  two  coats  of  a  good 
paint  of  a  color  approved  by  the  Council,  and  repainted  not  less 
than  once  in  three  years,  and  shall  be  used  for  distributing  purposes 
only.  The  consents  of  the  property  owners  for  the  erection  of  poles 
shall  be  in  writing  or  print,  and  shall  particularly  specify  the  location 
and  dimensions  of  such  pole  or  poles  and  the  maximum  number  of 
crossarms  which  may  be  affixed  thereto.  Before  any  pole  shall  be 
erected  on  any  street,  highway  or  public  place  of  said  town,  a  permit 
shall  also  be  obtained  from  the  Superintendent  of  Roads  for  the 
erection  thereof.  All  aerial  wires  erected  hereunder  shall  be  not 
less  than  twenty  feet  above  the  ground. 

Sec.  2.  Three  telephones,  in  addition  to  those  mentioned  in  Section 
9  of  the  ordinance  to  which  this  ordinance  is  a  supplement,  with  com¬ 
plete  apparatus  and  fixtures,  shall  be  supplied  and  maintained,  and 
full  telephone  service  shall  be  rendered  by  the  said  company  free  of 
charge  to  the  Town  of  Montclair,  to  be  used  for  town  purposes, 
in  such  places  as  shall  from  time  to  time  be  indicated  by  the  Town 
Council  of  the  Town  of  Montclair. 

Sec.  3.  And  be  it  further  ordained,  that  said  company  shall  pay 


ORDINANCES. 


159 


into  the  Town  Treasurer  all  advertising,  printing  or  other  fees  in¬ 
curred  by  the  town  under  or  in  respect  to  this  ordinance. 

Sec.  4.  And  be  it  further  ordained,  That  the  said  company  shall 
file  with  the  Town  Clerk  its  acceptance  of  this  ordinance  within 
twenty  days  from  the  date  of  its  passage. 

Sec.  5.  And  be  it  further  ordained,  That  the  adoption  of  this 
ordinance  and  its  acceptance  by  said  company  shall  in  no  respect 
be  construed  to  change,  alter  or  amend  any  of  the  terms,  stipulations 
or  conditions  of  the  ordinance  to  which  this  ordinance  is  a  supple¬ 
ment,  except  as  in  and  by  this  ordinance  such  terms  and  conditions 
are  expressly  altered  or  modified. 

Adopted  September  12th,  1898. 


An  Ordinance  to  provide  for  a  Board  of  Assessors  in  the  Town  of  Montclair, 
pursuant  to  the  provisions  of  an  Act,  entitled  “A  Supplement  to  an 
Act  entitled  ‘An  Act  Providing  for  the  Formation,  Establishment  and 
Government  of  Towns,’  approved  March  7th,  1895,”  which  Supple¬ 
mental  Act  was  approved  March  23d,  1899. 

I.  Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  that  there  is  hereby  created  a  Board  of  Assessors 
to  consist  of  three  members,  two  of  whom  shall  be  appointed  by  the 
Council  upon  nomination  of  the  Councilman-at-Large,  no  more  than 
one  of  whom  shall  be  from  the  same  ward  and  except  as  herein  pro¬ 
vided,  shall  hold  their  office  for  the  period  of  two  years  and  until 
their  successors  are  appointed  and  shall  have  qualified ;  and  the  other 
member  shall  be  elected  by  the  legal  voters  of  this  town,  and  shall 
hold  his  office  for  the  term  of  three  years  from  the  date  of  his  election ; 
and  the  Assessor  first  elected  in  the  town  by  the  legal  voters  thereof, 
after  the  adoption  of  this  ordinance,  shall  be  deemed  and  held  to  be 
the  member  of  said  Board  of  Assessors,  to  be  elected  pursuant  to  the 
provisions  hereof ;  the  first  appointments  to  be  one  for  one  year  and 
the  other  for  two  years;  and  thereafter,  one  member  of  such  Board 
shall  be  appointed  annually  for  the  term  of  two  years;  the  first  ap¬ 
pointments  are  to  take  effect  on  the  second  Tuesday  of  April  next, 
and  each  member  of  said  Board  shall  give  a  bond  to  the  town  of 


160 


ORDINANCES. 


Montclair,  in  the  County  of  Essex,  in  the  penal  sum  of  one  thousand 
dollars,  with  sufficient  sureties,  for  the  faithful  performance  of  his 
duties,  and  shall  receive  such  compensation  for  his  services  as  the 
Council  may  by  ordinance  prescribe. 

II.  And  be  it  ordained,  that  the  said  Board  of  Assessors  shall 
perform  the  duties  now  devolving  or  which  may  hereafter  devolve 
by  law  upon  the  Assessor  of  Taxes  in  the  Town  of  Montclair,  and 
shall  also  perform  the  duties  now  devolving  or  which  may  hereafter 
devolve  by  law  upon  the  Commissioners  of  Assessment  for  the  Town 
of  Montclair,  in  accordance  with  the  Act  of  the  Legislature,  of  the 
State  of  New  Jersey,  entitled  “A  Supplement  to  an  Act  entitled  ‘An 
Act  Providing  for  the  Formation,  Establishment  and  Government  of 
Towns,’  approved  March  7th,  1895,”  which  supplemental  act  was 
approved  March  23d,  1899,  by  virtue  of  which  this  ordinance  is 
adopted ;  provided  that  the  passage  of  this  ordinance  shall  in  no  wise 
affect  assessments  heretofore  assessed  or  now  being  imposed,  and  for 
which  Commissioners  have  been  appointed. 

Adopted  March  30th,  1899. 


An  Ordinance  to  grant  consent  and  permission  to  the  North  Jersey  Street 
Railway  Company  to  construct,  operate  and  maintain  a  single  track 
Electric  Street  Railway  on  Elm  street  and  a  portion  of  Orange  road, 
in  the  Town  of  Montclair,  in  the  County  of  Essex,  to  be  operated  by 
the  overhead  or  trolley  system,  and  to  locate  the  route  thereof,  and 
the  tracks  of  said  Railway  conformably  to  said  route,  and  prescribing 
the  terms  and  considerations  upon  which  such  consent  and  permission 
are  granted. 

Whereas,  The  North  Jersey  Street  Railway  Company,  a  corpo¬ 
ration  of  the  State  of  New  Jersey,  organized  under  an  act  entitled 
“An  act  to  authorize  the  formation  of  traction  companies  for  the 
construction  and  operation  of  street  railways,  or  railroads  operated 
as  street  railways,  and  to  regulate  the  same,”  approved  March  four¬ 
teenth,  eighteen  hundred  and  ninety-three,  and  the  supplements  thereto, 
having  first  filed  in  the  office  of  the  Secretary  of  State  a  description 
of  the  route  of  the  line  of  railway  upon  Elm  street  and  a  portion 


ORDINANCES. 


161 


of  Orange  road  in  the  Town  of  Montclair,  showing  the  termini 
thereof,  together  with  maps  exhibiting  the  same,  has  presented  its 
petition  to  the  Council  of  the  Town  of  Montclair,  in  the  County  of 
Essex,  for  consent  to  construct,  operate  and  maintain  a  single  track 
electric  street  railway  within  the  limits  of  said  Town  of  Montclair 
upon  Elm  street  and  a  portion  of  Orange  road  in  the  Town  of  Mont¬ 
clair  aforesaid,  and  filed  the  same  with  the  Clerk  of  said  town,  to¬ 
gether  with  the  map  or  description  of  said  route,  showing  also  the 
proposed  location  of  the  rails  or  tracks  and  the  location  of  the  poles 
or  conduits,  praying  the  said  Council  for  consent  and  permission  to 
said  company  to  construct,  operate  and  maintain  a  single  track  street' 
railway  to  be  operated  by  electricity  by  the  overhead  or  trolley 
system,  in,  over  and  upon  Elm  street  and  a  portion  of  Orange  road, 
two  of  the  roads,  streets  and  highways  of  the  said  Town  of  Montclair, 
and  for  consent  as  to  the  location  of  the  route  of  said  line  of  railway, 
and  also  for  a  location  of  the  tracks,  rails,  sidings,  cross-overs,  turn¬ 
outs,  switches,  poles  and  wires  of  said  line  of  railway  conformably 
to  said  route  filed  in  the  office  of  the  Secretary  of  State  of  New 
Jersey,  as  is  set  out  in  said  petition,  which  petition  was  duly  filed 
with  the  Clerk  cf  the  Town  of  Montclair,  the  twelfth  day  of  Sep¬ 
tember,  eighteen  hundred  and  ninety-eight,  as  appears  by  indorse¬ 
ment  thereon,  and  the  said  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  at  their  meeting  on  said  twelfth  day  of  September, 
eighteen  hundred  and  ninety-eight,  having  by  resolution  then  duly 
passed,  fixed  and  appointed  Monday,  the  third  day  of  October, 
eighteen  hundred  and  ninety-eight,  at  eight  o’clock  in  the  evening 
of  that  day,  in  the  Council  rooms  in  said  Town  of  Montclair,  as  the 
time  and  place  when  and  where  the  said  application  or  petition  would 
be  considered  by  them,  and  directing  that  an  opportunity  be  then 
given  to  all  persons  interested  to  be  heard,  respecting  the  same,  and 
having  in  said  resolution  also  directed  that  public  notice  of  said 
application  and  of  said  hearing  be  given  by  publication  of  a  notice 
of  said  meeting  in  the  Montclair  Times  and  Montclair  Herald,  news¬ 
papers  circulating  in  said  Town  of  Montclair,  and  by  posting  a  copy 
of  said  notice  in  five  of  the  most  public  places  in  said  town  for  at 
least  fourteen  days  before  said  meeting  of  the  Council,  which  notice 
of  said  meeting  was  duly  published  in  the  Montclair  Times  and  in 
the  issues  of  said  newspaper  published  on  September  seventeenth  and 
September  twenty-fourth,  eighteen  hundred  and  ninety-eight ;  also 


162 


ORDINANCES. 


in  the  Montclair  Herald  in  the  issues  of  said  newspaper  published 
on  September  fifteenth,  twenty-second  and  twenty-ninth,  eighteen 
hundred  and  ninety-eight,  also  duly  posted  in  five  of  the  most  public 
places  in  said  town,  for  at  least  fourteen  days  before  said  meeting 
of  the  Council,  as  appears  by  affidavits  on  file  with  the  Town  Clerk, 
and 

Whereas,  At  the  time  and  place  appointed  by  said  resolution  and 
stated  in  said  notice,  to  wit,  on  Monday,  the  third  day  of  October, 
eighteen  hundred  and  ninety-eight,  at  eight  o’clock  in  the  evening 
of  that  day,  at  the  Council  rooms  in  the  Town  of  Montclair,  the 
Council  of  the  Town  of  Montclair  did  meet  pursuant  to  their  said 
resolution  and  for  the  purpose  aforesaid,  at  which  meeting  a  quorum 
of  said  Council  were  present,  and  did  then  proceed  to  give  a  public 
hearing  to  all  persons  appearing  and  desiring  to  be  heard,  in  favor 
of,  or  opposed  to,  or  in  any  wise  interested  in  the  said  application 
made  by  said  North  Jersey  Street  Railway  Company,  and  the  con¬ 
sents  of  property  owners  along  said  route,  as  required  by  law,  having 
been  filed  with  the  Town  Clerk,  and  the  said  matter  having  been 
fully  considered  by  said  Council : 

Now,  therefore,  be  it  ordained  by  the  Council  of  the  Town  of 
Montclair,  in  the  County  of  Essex,  that  consent  be  and  is  hereby 
given  to  said  route  of  said  railway  as  described  in  said  petition,  and 
that  the  tracks  or  route  for  a  single  track  street  railway  of  the  said 
North  Jersey  Street  Railway  Company  be  and  they  are  hereby  located 
in  said  Town  of  Montclair  in  the  County  of  Essex,  described  as 
follows : 

Beginning  at  a  point  of  connection  with  the  tracks  on  Bloomfield 
avenue  in  the  said  Town  of  Montclair,  at  or  near  the  intersection  of 
Elm  street  with  said  avenue,  and  in  such  manner  as  to  make  proper 
connections  therewith,  and  running  thence  southerly  to  the  intersec¬ 
tion  of  Bloomfield  avenue  and  Elm  street;  thence  in,  through  and 
along  said  Elm  street  the  various  distances  hereof  to  a  point  at  or 
near  the  center  line  of  Orange  road;  thence  in,  through  and  along 
said  Orange  road  the  various  directions  and  distances  thereof  to  a 
point  where  the  said  Orange  road  crosses  the  dividing  fine  between 
the  said  Town  of  Montclair  and  the  City  of  Orange  and  there  termi¬ 
nating. 

And  that  permission  and  consent  is  hereby  given  to  the  said  North 
Jersey  Street  Railway  Company  to  construct,  operate  and  maintain 


ORDINANCES. 


163 


a  single  track  street  railway  for  the  transportation  of  passengers 
only,  upon  the  route  hereinbefore  described,  and  also  permission  and 
consent  to  construct  the  necessary  sidings,  crossovers,  turnouts  and 
switches  along  said  line  of  railway,  and  to  erect  the  necessary  and 
proper  poles  in  said  Elm  street  and  portion  of  Orange  road,  and 
public  places,  for  sustaining  the  necessary  wires  to  convey  the  elec¬ 
tricity  to  the  motors  to  propel  the  cars  of  said  company  over  said 
tracks,  and  also  consent  and  permission  to  erect  and  string  the 
necessary  wires  upon  the  aforesaid  poles,  and  to  operate  the  cars 
upon  the  said  railway  by  use  of  electricity  as  the  propelling  power 
of  said  cars,  provided  that  no  locomotive  or  other  engine  moving  on 
its  rails  propelled  by  steam  shall  be  used  on  said  railway  tracks  in 
said  Town  of  Montclair.  The  location  of  tracks  and  crossovers 
and  consent  to  said  route  and  permission  for  the  construction, 
maintenance  and  operation  of  said  railway,  and  of  said  overhead 
system  of  poles  and  trolley  wires  hereinbefore  granted  is  given  and 
granted  upon  the  terms,  conditions,  limitations  and  restrictions  con¬ 
tained  in  the  provisions  of  the  following  sections  of  this  ordinance: 

Section  1.  The  location  of  the  tracks  of  the  said  railway  on  said 
Elm  street  and  portion  of  Orange  road,  respectively,  in  the  Town  of 
Montclair,  shall  be  as  follows : 

The  said  tracks  shall  be  laid  in  and  along  the  central  portions  of 
said  Elm  street  and  Orange  road  and  an  equal  distance  from  the 
centre  lines  thereof,  excepting  at  curves  or  angles  where  the  same 
shall  be  laid  as  hereinafter  described;  and  the  gauges  of  said  tracks 

.shall  be  four  feet  eight  and  one-half  inches.  The  said  centre  lines 

on  Elm  street  and  Orange  road,  respectively,  from  the  junction  of 
the  double  track  street  railway  on  Bloomfield  avenue,  southerly  to 
the  town  line,  are  described  as  follows : 

Beginning  at  a  point  in  centre  line  of  Bloomfield  avenue  bearing 
south  thirty-one  degrees  forty-nine  minutes  west  as  established  by  the 
Essex  Public  Road  Board  in  the  Town  of  Montclair,  said  point  being 
distant  measuring  north  forty-two  degrees  twenty-three  minutes  east 
forty-one  and  fifty-seven  hundredths  feet  from  a  monument  stone 
set  in  the  intersection  of  centre  line  of  Elm  street  with  south¬ 
westerly  line  of  Bloomfield  avenue ;  thence  running  along  centre 

line  of  Elm  street  south  forty-two  degrees  twenty-three  minutes 

west  twelve  hundred  and  sixty-four  and  fifty-seven  hundredths 
feet;  thence  south  thirty-eight  degrees  fifteen  minutes  west  eighteen 


164 


ORDINANCES. 


hundred  and  eighty-nine  feet  to  a  point  in  centre  line  of  Orange  road, 
said  point  being  distant  measuring  north  thirty-eight  degrees  fifteen 
minutes  east  eleven  and  eight  hundredths  feet  from  a  monument 
stone  set  in  the  intersection  of  centre  line  of  Elm  street  with 
the  former  centre  line  of  Orange  road;  thence  running  southerly 
along  centre  line  of  Orange  road  (as  established  by  Commissioners  of 
Roads  for  Township  of  Montclair,  January  third,  eighteen  hundred 
and  ninety-one),  curving  to  the  west  seven  degrees  forty-eight  min¬ 
utes  tangent  to  a  course  south  twenty-eight  degrees  eight  minutes 
east  with  a  radius  of  eighteen  hundred  and  sixty-eight  and 
thirty-three  hundredths  feet  for  a  distance  of  two  hundred  and  fifty- 
four  and  thirty-four  hundredths  feet ;  thence  southerly  curving  to 
the  west  tangent  to  last  curve  twenty-four  degrees  and  fifty-eight 
minutes  with  a  radius  of  five  hundred  and  seventy-three  and  sixty- 
seven  hundredths  feet  for  a  distance  of  two  hundred  and  fifty  feet ; 
thence  southerly  curving  to  the  west  tangent  to  last  curve  nine 
degrees  and  twelve  minutes  with  a  radius  of  thirty-seven  hundred 
and  thirty-seven  feet  for  a  distance  of  six  hundred  feet ;  thence  south 
thirteen  degrees  fifty  minutes  west  seventy-five  feet ;  thence  south¬ 
erly  curving  to  the  east  tangent  to  last  course  four  degrees  and  forty- 
eight  minutes  with  a  radius  of  twenty-two  hundred  and  fifteen  and 
fifty  hundredths  feet  for  a  distance  of  one  hundred  and  eighty-five 
and  fifty  hundredths  feet;  thence  south  nine  degrees  five  minutes  west 
three  hundred  and  thirty-nine  and  forty-two  hundredths  feet; 
thence  southerly  curving  to  the  east,  tangent  to  last  course  ten 
degrees,  with  a  radius  of  thirteen  hundred  and  sixty-fo-ur  and 
seventy-five  hundredths  feet  for  a  distance  of  two  hundred  and 
thirty-eight  and  eight  hundredths  feet ;  thence  south  fifty-five 
minutes  east  three  hundred  and  seventy-seven  and  thirty-four 
hundredths  feet;  thence  south  two  degrees  forty-two  minutes  east 
seven  hundred  and  forty-seven  and  fifty  hundredths  feet;  thence 
southerly  curving  to  the  west  tangent  to  last  course  twenty  degrees 
and  sixteen  minutes  with  a  radius  of  nine  hundred  and  eighteen  and 
eighty-four  hundredths  feet  for  a  distance  of  three  hundred  and 
twenty-five  feet;  thence  south  seventeen  degrees  thirty-four  minutes 
west  three  hundred  and  fifteen  and  thirty-four  hundredths  feet; 
thence  southerly  curving  to  the  west  tangent  to  last  course  nine 
degrees  and  twenty  minutes  with  a  radius  of  twenty-one  hundred 
and  forty-nine  feet  for  a  distance  of  three  hundred  and  fifty  feet; 


ORDINANCES. 


165 


thence  southerly  curving  to  the  east  tangent  to  last  curve  seven 
degrees  and  eight  minutes  with  a  radius  of  eleven  hundred  and  two 
feet  for  a  distance  of  one  hundred  and  fifty  feet;  thence  southerly 
curving  to  the  east  tangent  to  last  curve  fourteen  degrees  and  forty- 
six  minutes  with  a  radius  of  six  hundred  and  five  and  forty-two 
hundredths  feet  for  a  distance  of  one  hundred  and  fifty-five  and 
eighty-four  hundredths  feet;  thence  south  five  degrees  west  three 
hundred  and  eighty-seven  and  sixteen  hundredths  feet ;  thence  south 
two  degrees  and  seven  minutes  west  four  hundred  and  thirty-six  and 
fifty  hundredths  feet;  thence  southerly  curving  to  the  east  tangent 
to  last  course  thirty-three  degrees  and  thirty-eight  minutes  with  a 
radius .  of  two  hundred  and  sixty-three  and  ninety-two  hundredths 
feet  for  a  distance  of  one  hundred  and  fifty-four  and  eighty-four 
hundredths  feet;  thence  south  thirty-one  degrees  and  thirty-one 
minutes  east  one  hundred  and  sixty-seven  and  forty-two  hundredths 
feet  to  a  monument  stone  set  in  centre  of  stone  arch  bridge  over 
Nishuane  brook  and  ending  there,  said  ending  point  being  in  the 
intersection  of  the  boundary  lines  of  the  Town  of  Montclair,  Borough 
of  Glen  Ridge,  Township  of  East  Orange  and  City  of  Orange. 

And  the  courses  and  distances  of  the  centre  line  of  said  line  of 
single  track  railway  upon  Elm  street  and  Orange  road,  including 
the  switches  and  turnouts,  as  hereby  located,  are  described  as  follows : 

Beginning  at  a  point  in  Bloomfield  avenue  distant  measuring  at 
right  angles  north  fifty-eight  degrees  eleven  minutes  east  four  and 
fifty-two  hundredths  feet  from  centre  line  of  said  avenue,  as  estab¬ 
lished  by  the  Essex  Public  Road  Board  through  the  Town  of  Mont¬ 
clair,  said  beginning  point  being  distant  measuring  north  twenty- 
seven  degrees  three  minutes  west  fifty-four  and  forty-two  hundredths 
feet  from  the  intersection  of  centre  line  of  Elm  street  with  centre 
line  of  Bloomfield  avenue;  thence  running  southerly  curving  to  the 
west  seventy-four  degrees  and  twelve  minutes  tangent  to  a  line 
parallel  with  centre  line  of  Bloomfield  avenue  with  a  radius  of  seventy 
feet  for  a  distance  of  ninety  and  sixty-five  hundredths  feet  to  a 
point  in  centre  line  of  Elm  street ;  thence  running  along  centre  line 
of  Elm  street  tangent  to  last  curve  south  forty-two  degrees  twenty- 
three  minutes  west  nine  and  forty  hundredths  feet  to  switch  number 
one; 

Also  a  second  track,  beginning  at  a  point  in  said  Bloomfield 
avenue  distant  measuring  at  right  angles  south  fifty-eight  degrees 


166 


ORDINANCES. 


eleven  minutes  west  four  and  fifty-two  hundredths  feet  from  centre 
line  of  Bloomfield  avenue  as  established,  said  beginning  point  being 
distant  measuring  north  thirty-six  degrees  forty-nine  minutes  west 
fifty-one  and  eighty-four  hundredths  feet  from  the  intersection  of 
centre  line  of  Elm  street  with  centre  line  of  Bloomfield  avenue ; 
thence  running  southerly  on  a  curve  to  the  west  seventy-four  de¬ 
grees  and  twelve  minutes  tangent  to  a  line  parallel  with  centre  line 
of  Bloomfield  avenue  with  a  radius  of  seventy  feet  for  a  distance  of 
ninety  and  sixty-five  hundredths  feet  to  a  point  in  centre  line  of 
Elm  street  at  switch  No.  one;  thence  running  along  centre  line  of 
Elm  street  tangent  to  last  curve  south  forty-two  degrees  twenty- 
three  minutes  west  eleven  hundred  and  ninety-four  and  thirty- 
hundredths  feet ;  thence  southerly  curving  to  the  east  four  degrees 
and  eight  minutes  tangent  to  last  course  with  a  radius  of  three 
hundred  and  fifty  feet  for  a  distance  of  twenty-five  and  twenty- 
six  hundredths  feet ;  thence  running  south  thirty-eight  degrees 
fifteen  minutes  west  along  centre  line  of  Elm  street  tangent  to  last 
curve  thirteen  hundred  and  twenty-nine  and  seventy-seven  hun¬ 
dredths  feet  to  switch  No.  two;  thence  southerly  curving  to  the  west 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  course  with 
a  radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two 
and  forty  hundredths  feet ;  thence  southerly  curving  to  the  east  six 
degrees  and  fifty-six  and  one-half  minutes  tangent  to  last  curve  with 
a  radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two 
and  forty  hundredths  feet ;  thence  south  thirty-eight  degrees  and 
fifteen  minutes  west  tangent  to  .last  curve  one  hundred  feet;  thence 
southerly  curving  to  the  east  six  degrees  and  fifty-six  and  one-half 
minutes  tangent  to  last  course  with  a  radius  of  three  hundred  and 
fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths  feet; 
thence  southerly  curving  to  the  west  six  degrees  fifty-six  and  one- 
half  minutes  tangent  to  last  curve  with  a  radius  of  three  hundred 
and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths  feet  to 
switch  No.  three,  in  centre  line  of  Elm  street. 

Also  a  second  track  described  thus:  Beginning  rt  said  switch  No. 
two;  thence  southerly  curving  to  the  east  six  degrees  fifty-six  and 
one-half  minutes  tangent  to  last  course  with  a  radius  of  three  hun¬ 
dred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths 
feet ;  thence  southerly  curving  to  the  west  six  degrees  fifty-six  and 
one-half  minutes  tangent  to  last  curve  with  a  radius  of  three  him- 


ORDINANCES. 


167 


dred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths 
feet ;  thence  south  thirty-eight  degrees  fifteen  minutes  west  tangent 
to  last  curve  one  hundred  feet;  thence  southerly  curving  to  the  west 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  course  with 
a  radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two 
and  forty  hundredths  feet;  thence  southerly  curving  to  the  east  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  course  with  a 
radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two  and 
forty  hundredths  feet  to  switch  No.  three  in  the  centre  line  of  Elm 
street;  thence  running  along  the  centre  line  of  Elm  street  south 
thirty-eight  degrees  fifteen  minutes  west  tangent  to  last  curve  two 
hundred  and  twenty  and  forty-one  hundredths  feet;  thence  south¬ 
erly  curving  to  the  east  sixty-five  degrees  tangent  to  last  course 
with  a  radius  of  seventy-one  feet  for  a  distance  of  eighty  and  fifty- 
eight  hundredths  feet  to  the  centre  line  of  Orange  road ;  thence 
southerly  along  centre  line  of  Orange  road  curving  to  the  west  six 
degrees  and  twenty-five  minutes  tangent  to  last  curve  with  a  radius 
of  eighteen  hundred  and  sixty-eight  and  thirty-three  hundredths 
feet,  for  a  distance  of  two  hundred  and  nine  and  thirty-four  hun¬ 
dredths  feet ;  thence  southerly  along  centre  line  of  Orange  road 
curving  to  the  west  twenty-four  degrees  and  fifty-eight  minutes 
tangent  to  last  curve  with  a  radius  of  five  hundred  and  seventy- 
three  and  sixty-seven  hundredths  feet  for  a  distance  of  two  hundred 
and  fifty  feet ;  thence  southerly  along  centre  line  of  Orange 
road  curving  to  the  west  nine  degrees  twelve  minutes  tangent 
to  last  curve  with  a  radius  of  thirty-seven  hundred  and  thirty- 
seven  feet  for  a  distance  of  six  hundred  feet ;  thence  south  thir¬ 
teen  degrees  fifty  minutes  west  along  centre  line  of  Orange  road 
tangent  to  last  curve  seventy-five  feet ;  thence  southerly  along  centre 
line  of  Orange  road  curving  to  the  east  four  degrees  forty-eight 
minutes  tangent  to  last  course  with  a  radius  of  twenty-two  hundred 
and  fifteen  and  fifty  hundredths  feet  for  a  distance  of  one  hundred 
and  eighty-five  and  fifty  hundredths  feet ;  thence  south  nine  degrees 
five  minutes  west  along  centre  line  of  Orange  road  tangent  to  last 
curve  three  hundred  and  thirty-nine  and  forty-two  hundredths  feet ; 
thence  southerly  along  centre  line  of  Orange  road  curving  to  the  east 
ten  degrees  tangent  to  last  course  with  a  radius  of  thirteen  hundred 
and  sixty-four  and  seventy-five  hundredths  feet  for  a  distance  of 
two  hundred  and  thirty-eight  and  eight  hundredths  feet;  thence 


168 


ORDINANCES. 


south  fifty-five  minutes  east  along  centre  line  of  Orange  road  tangent 
to  last  course  three  hundred  and  seventy-one  and  ninety  hundredths 
feet ;  thence  southerly  curving  to  the  east  one  degree  forty-seven 
minutes  tangent  to  last  course  with  a  radius  of  three  hundred  and 
fifty  feet  for  a  distance  of  ten  and  eighty-eight  hundredths  feet  to 
the  centre  line  of  Orange  road ;  thence  south  two  degrees  forty-two 
minutes  east  along  centre  line  of  Orange  road  tangent  to  last  curve 
forty-seven  and  eighty-three  hundredths  feet  to  switch  No.  four; 
thence  southerly  curving  to  the  west  six  degrees  fifty-six  and  one- 
half  minutes  tangent  to  last  course  with  a  radius  of  three  hundred 
and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths  feet ; 
thence  southerly  curving  to  the  east  six  degrees  fifty-six  and  one- 
half  minutes  tangent  to  last  curve  with  a  radius  of  three  hundred 
and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths  feet; 
thence  south  two  degrees  forty-two  minutes  east  tangent  to  last 
curve  one  hundred  feet ;  thence  southerly  curving  to  the  east  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  course  with  a 
radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two 
and  forty  hundredths  feet ;  thence  southerly  curving  to  the  west  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve  with  a 
radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two 
and  forty  hundredths  feet  to  the  centre  line  of  Orange  road  at  switch 
No.  five. 

Also  a  second  track  described  thus:  Beginning  at  said  switch  No. 
four,  thence  southerly  curving  to  the  east  six  degrees  fifty-six  and 
one-half  minutes  tangent  to  last  course  with  a  radius  of  three  hun¬ 
dred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths 
feet ;  thence  southerly  curving  to  the  west  six  degrees  fifty-six  and 
one-half  minutes  tangent  to  last  curve  with  a  radius  of  three  hun¬ 
dred  and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths 
feet ;  thence  south  two  degrees  forty-two  minutes  east  tangent  to 
last  curve  one  hundred  feet ;  thence  southerly  curving  to  the  west 
six  degrees  fifty-six  and  one-half  minutes  tangent  to  last  course  with 
a  radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two 
and  forty  hundredths  feet ;  thence  southerly  curving  to  the  east  six 
degrees  fifty-six  and  one-half  minutes  tangent  to  last  curve  with  a 
radius  of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two 
and  forty  hundredths  feet  to  switch  No.  five  in  centre  line  of  Orange 
road;  thence  south  two  degrees  forty-two  minutes  east  along  centre 


ORDINANCES. 


169 


line  of  Orange  road  four  hundred  and  twenty-four  and  ninety-seven 
hundredths  feet;  thence  southerly  along  centre  line  of  Orange  road 
curving  to  the  west  twenty  degrees  sixteen  minutes  tangent  to  last 
course  with  a  radius  of  nine  hundred  and  eighteen  and  eighty-four 
hundredths  feet  for  a  distance  of  three  hundred  and  twenty-five  feet; 
thence  south  seventeen  degrees  thirty-four  minutes  west  along 
centre  line  of  Orange  road  tangent  to  last  curve  three  hundred  and 
fifteen  and  thirty-four  hundredths  feet ;  thence  southerly  along 
centre  line  of  Orange  road  curving  to  the  west  nine  degrees  twenty 
minutes  tangent  to  last  course  with  a  radius  of  twenty-one  hundred 
and  forty-nine  feet  for  a  distance  of  three  hundred  and  fifty  feet; 
thence  southerly  along  centre  line  of  Orange  road  curving  to  the  east 
seven  degrees  and  eight  minutes  tangent  to  last  curve  with  a  radius 
of  eleven  hundred  and  two  feet  for  a  distance  of  one  hundred  and 
fifty  feet ;  thence  southerly  along  centre  line  of  Orange  road  curving 
to  the  east  fourteen  degrees  forty-six  minutes  tangent  to  last  curve, 
with  a  radius  of  six  hundred  and  five  and  forty-two  hundredths  feet 
for  a  distance  of  one  hundred  and  fifty-five  and  eighty-four  hun¬ 
dredths  feet ;  thence  south  five  degrees  west  along  centre  line  of 
Orange  road  tangent  to  last  curve  three  hundred  and  seventy-eight 
and  thirty-six  hundredths  feet ;  thence  southerly  curving  to  the  east 
two  degrees  fifty-three  minutes  tangent  to  last  course  with  a  radius 
of  three  hundred  and  fifty  feet  for  a  distance  of  seventeen  and  sixty 
hundredths  feet  to  centre  line  of  Orange  road ;  thence  south  two 
degrees  seven  minutes  west  along  centre  line  of  Orange  road  tangent 
to  last  curve  one  hundred  and  sixty  and  forty-four  hundredths  feet 
to  switch  No.  six;  thence  southerly  curving  to  the  west  six  degrees 
fifty-six  and  one-half  minutes  tangent  to  last  course  with  a  radius 
of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two  and  forty 
hundredths  feet;  thence  southerly  curving  to  the  east  six  degrees  fifty- 
six  and  one-half  minutes  tangent  to  last  curve  with  a  radius  of  three 
hundred  and  fifty  feet  for  a  distance  of  forty-two  and  forty 
hundredths  feet;  thence  south  two  degrees  seven  minutes  west 
tangent  to  last  curve  one  hundred  feet ;  thence  southerly  curving  to 
the  east  six  degrees  fifty-six  and  one-half  minutes  tangent  to  last 
course,  with  a  radius  of  three  hundred  and  fifty  feet  for  a  distance 
of  forty-two  and  forty  hundredths  feet ;  thence  southerly  curving  to 
the  west  six  degrees  fifty-six  and  one-half  minutes  tangent  to  a  last 
curve  with  a  radius  of  three  hundred  and  fifty  feet  for  a  distance  of 


170 


ORDINANCES . 


forty-two  and  forty  hundredths  feet  to  centre  line  of  Orange  road 
at  switch  No.  seven. 

Also  a  second  track  described  thus:  Beginning  at  switch  No.  six; 
thence  southerly  curving  to  the  east  six  degrees  fifty-six  and  one-half 
minutes  tangent  to  last  course  with  a  radius  of  three  hundred  and 
fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths  feet; 
thence  southerly  curving  to  the  west  six  degrees  fifty-six  and  one- 
half  minutes  tangent  to  last  curve  with  a  radius  of  three  hundred 
and  fifty  feet  for  a  distance  of  forty-two  and  forty  hundredths  feet; 
thence  south  two  degrees  seven  minutes  west  tangent  to  last  curve 
one  hundred  feet ;  thence  southerly  curving  to  the  west  six  degrees 
fifty-six  and  one-half  minutes  tangent  to  last  course  with  a  radius 
of  three  hundred  and  fifty  feet  for  a  distance  of  forty-two  and  forty 
hundredths  feet;  thence  southerly  curving  to  the  east  six  degrees 
fifty-six  and  one-half  minutes  tangent  to  last  curve  with  a  radius  of 
three  hundred  and  fifty  feet  for  a  distance  of  forty-two  and  forty 
hundredths  feet  to  switch  No.  seven  in  centre  line  of  Orange  road; 
thence  southerly  along  centre  line  of  Orange  road  curving  to  the 
east  thirty-three  degrees  thirty-eight  minutes  tangent  to  last  curve 
with  a  radius  of  two  hundred  and  sixty-three  and  ninety-two  hun¬ 
dredths  feet  for  a  distance  of  one  hundred  and  fifty-four  and  eighty- 
four  hundredths  feet ;  thence  south  thirty-one  degrees  thirty-one 
minutes  east  along  centre  line  of  Orange  road  tangent  to  last  curve 
one  hundred  and  sixty-seven  and  forty-two  hundredths  feet  to  a 
monument  stone  set  in  the  centre  of  a  stone  arch  bridge  over  Nish- 
uane  brook  and  ending  there,  said  ending  point  being  in  the  inter¬ 
section  of  the  boundary  lines  of  the  Town  of  Montclair,  Borough  of 
Glen  Ridge,  Township  of  East  Orange  and  City  of  Orange. 

Sec.  2.  The  sidings  and  turnouts  on  said  railway  shall  be  two 
hundred  and  seventy  feet  in  length,  and  shall  be  placed  and  located 
as  stated  in  the  foregoing  description. 

Sec.  3.  The  poles  to  be  used  for  the  equipping  of  said  line  of 
street  railway  for  operation  by  electricity  shall  be  of  iron  similar  to 
those  used  by  North  Jersey  Street  Railway  Company  in  the 
construction  of  its  line  of  street  railway  upon  Bloomfield  avenue  in 
the  Town  of  Montclair;  said  poles  shall  be  at  least  twenty  feet  in 
height  above  the  surface  of  the  ground,  and  shall  be  set  and  located 
on  each  side  of  said  Elm  street  and  Orange  road  within  and  not  more 
than  one  foot  from  the  curb  line  at  points  and  places  as  designated 


ORDINANCES. 


171 


and  shown  on  the  map  on  file  with  the  Town  Clerk  of  Montclair,  to 
which  map,  for  greater  certainty,  reference  is  hereby  made;  and  said 
map  is  hereby,  for  the  purpose  of  showing  the  particular  designation 
and  location  of  said  poles,  declared  to  be  a  part  of  this  ordinance. 
Said  poles  shall  be  set  or  planted  to  a  depth  of  not  less  than  four  feet 
in  the  ground,  and  the  space  around  said  poles  to  a  distance  of  eight 
inches  from  the  diameter  of  said  poles  shall  be  filled  with  broken 
stone  laid  as  concrete,  compactly  rammed,  so  as  to  insure  the  per¬ 
manence  and  stability  of  said  poles. 

Sec.  4.  t  he  span  wires  shall  be  of  steel  and  the  trolley  wires  shall 
be  at  least  eighteen  feet  from  the  ground  and  when  crossed  by  exist¬ 
ing  electric  light,  telephone  or  telegraph  wires  shall  be  protected  by 
guard  wires  properly  insulated.  The  feed  wires  shall  be  strung  from 
pole  to  pole  and  shall  be  properly  insulated.  The  span  and  feed 
wires  shall  be  at  least  eighteen  feet  from  the  ground. 

Sec.  5.  The  rails  to  be  used  for  said  tracks  shall  be  street  rail¬ 
way  girder  rails,  with  flange  top,  of  the  weight  of  not  less  than  eighty- 
five  pounds  to  the  yard,  and  the  crossovers  to  be  used  within  the 
limits  of  said  town  shall  be  similar  in  size,  length  and  construction  to 
the  crossovers  now  in  use  by  the  North  Jersey  Street  Railway  Com¬ 
pany  at  Saint  Luke’s  place,  and  said  location  of  said  tracks  and  said 
crossovers,  sidings,  turnouts  and  switches,  and  said  location  of  poles 
for  the  support  of  the  overhead  system  of  trolley  wires  hereinbefore 
made,  granted  and  designated,  is  shown  in  detail  upon,  and  is  con¬ 
formable  to,  a  map  filed  by  said  North  Jersey  Street  Railway  Com¬ 
pany  with  the  Clerk  of  said  town,  to  which,  for  greater  certainty, 
reference  is  hereby  made,  and  said  map  is  hereby,  for  the  purpose 
of  designation  and  location,  declared  to  be  a  part  of  this  ordinance. 

Sec.  6.  The  said  location  of  said  tracks  for  said  line  of  street 
railway,  and  of  crossovers,  sidings,  turnouts  and  switches,  and  said 
location  of  poles  for  the  support  of  the  overhead  system  of  trolley 
wires  hereinbefore  made,  granted  and  designated,  is  shown  in  detail 
upon  and  is  conformable  to  a  map  filed  by  the  said  North  Jersey 
Street  Railway  Company  with  the  Clerk  of  the  said  Town  of  Mont¬ 
clair,  relating  to  said  line  of  proposed  street  railway,  to  which  for 
greater  certainty  reference  is  hereby  made ;  and  said  map  is  hereby 
for  the  purpose  of  location  of  tracks  and  designation  of  poles,  and 
for  all  other  purposes  explanatory  of  this  ordinance,  hereby  declared 
to  be  a  part  of  this  ordinance. 


172 


ORDINANCES. 


Sec.  7.  The  space  of  one  row  on  each  side  of  each  rail  shall  be 
paved  with  new  first-class  level  trap  rock  block  paving  stones,  prop¬ 
erly  laid  so  as  to  facilitate  the  passing  and  crossing  of  vehicles  over 
the  pavement  and  rails. 

The  remaining  space  between  the  rails  and  turnouts  or  switches 
shall  be  laid  with  new  first-class  trap  rock  oblong  block  pavement 
on  concrete  bed,  similar  to  that  recently  laid  in  Kearny  Township, 
and  said  pavement  shall  be  kept  in  good  order  and  repair  at  all  times 
at  the  expense  of  the  said  North  Jersey  Street  Railway  Company. 

Sec.  8.  The  present  tel  ford  pavement  on  Elm  street  and  portion 
of  Orange  road,  respectively,  shall  be  removed  from  said  streets 
and  a  space  on  each  side  of  the  track  of  a  width  of  not  less  than 
eleven  feet  on  either  side  of  said  track,  measuring  from  the  outside 
of  the  rail,  shall  be  laid  with  telford  pavement  to  a  depth  of  eight  (8) 
inches,  according  to  specifications  prepared  by  the  Town  Surveyor  of 
the  Town  of  Montclair,  and  shall  be  constructed  and  done  in  the 
best  workmanlike  manner  and  to  the  satisfaction  of  the  Council 
of  the  Town  of  Montclair. 

The  said  North  Jersey  Street  Railway  Company  shall  furnish  and 
lay  a  24-inch  stoneware  pipe  in  line  of  the  south  gutter  on  Bloom¬ 
field  avenue,  from  the  corner  of  Elm  street  to  the  culvert  at  Mullins’ 
stable,  and  shall  also  construct  two  receiving  basins  with  connections 
to  the  said  pipe  at  the  corners  of  Bloomfield  avenue  and  Elm  street, 
these  basins  to  be  similar  in  design  and  construction  to  those  con¬ 
structed  by  said  company  on  Bloomfield  avenue,  and  shall  also  lay 
a  cobble  gutter  each  side  of  turnouts.  Said  North  Jersey  Street 
Railway  Company  shall  relay  all  cross  walks  taken  up  or  disturbed 
by  any  of  the  constructions  herein  mentioned. 

Said  North  Jersey  Street  Railway  Company  shall  also  lay  a  gutter 
four  feet  wide  on  the  west  side  of  Elm  street  from  Bloomfield  avenue 
southerly  to  Hawthorne  place;  and  said  North  Jersey  Street  Railway 
Company  shall  also  lay  a  gutter  four  feet  wide  on  both  sides  of 
Orange  road  from  the  Rosedale  Cemetery  gates  to  the  brook  on 
the  dividing  line  between  the  Town  of  Montclair  and  the  City  of 
Orange,  and  shall  also  properly  connect  such  gutter  with  said  brook. 

The  said  gutters  to  be  laid  with  good,  sound,  hard,  waterworn 
stone,  not  more  than  6  inches  in  diameter,  each  stone  to  be  laid  with 
its  longest  side  down  well  rammed  on  a  bed  of  sand  to  a  proper  line 
grade  and  dish. 


ORDINANCES. 


i  73 


Sec.  9.  The  said  company  shall  lay  its  rails  to  conform  to  the 
respective  grades  of  Elm  street  and  Orange  road  at  the  time  of  the 
laying  thereof ;  and  in  case  of  any  change  in  the  grade  or  of  the 
surface  of  the  said  Elm  street  or  Orange  road,  respectively,  or  any 
part  thereof  at  any  time,  then  the  said  company  at  its  own  expense 
and  cost  shall  immediately  on  request  made  in  writing  by  the  Council 
of  the  Town  of  Montclair,  so  change  the  location  of  its  tracks  and  the 
surface  of  such  part  of  Elm  street  or  Orange  road  as  the  case  may  be, 
as  to  conform  to  such  change  of  surface  or  change  of  grade  or  of  any 
newly  established  grade.  And,  if,  in  the  judgment  of  the  Town 
Engineer,  it  shall  be  deemed  advisable  to  change  the  present  grade 
of  Orange  road  between  Draper  terrace  and  Washington  avenue  by 
lowering  the  same  not  to  exceed  six  inches,  the  said  company  will 
construct  the  said  telford  road  and  track  construction  to  conform 
thereto. 

Sec.  10.  During  the  construction  of  the  said  railway  lighted 
red  lanterns  shall  be  kept  and  maintained  by  said  company  from 
sunset  to  sunrise  during  each  and  every  night,  which  lanterns  shall 
be  placed  not  more  than  one  hundred  feet  apart  along  each  part  of 
said  Elm  street  and  Orange  road  where  work  of  construction  shall 
have  been  begun  and  not  completed.  The  work  shall  be  thoroughly 
protected  in  all  other  respects,  so  as  to  prevent  accident;  in  case  any 
accident  should  happen  to  any  person  or  persons  or  damage  of 
property  be  caused  because  of  or  by  reason  of  any  work  connected 
with  such  construction  of  said  railway  or  afterward,  or  because  of, 
or  by  reason  of  the  operation  thereof,  or  through  the  carelessness  or 
negligence  of  any  of  the  company’s  officers,  servants,  agents  or  em¬ 
ployees,  the  said  company  shall  indemnify  and  save  the  said  Town 
of  Montclair  harmless  from  all  costs,  loss  or  damage  by  reason 
thereof. 

Sec.  11.  The  North  Jersey  Street  Railway  Company  shall  sprinkle 
their  tracks  and  roadway  between  the  tracks  within  the  Town  of 
Montclair  with  water  sufficient  to  keep  said  roadway  free  from  dust 
from  the  first  day  of  April  to  the  first  day  of  October  in  each  year, 
and  for  this  purpose  the  Town  of  Montclair  agrees  to  furnish  the 
said  company  the  water  required  for  such  purpose  free  of  charge; 
such  water  to  be  taken  from  a  standpipe  or  sprinkling  hydrant  on 
the  line  of  said  railway,  to  be  designated  by  the  Council  of  the  Town 
of  Montclair. 


174 


ORDINANCES. 


Sec.  12.  All  cars  operated  by  the  said  railway  company  through 
the  Town  of  Montclair,  or  within  the  limits  of  said  town,  shall  be  of 
the  best  approved  pattern  and  changed  from  time  to  time  to  meet 
modern  requirements  of  street  railway  travel,  and  equipped  with 
fenders  of  the  most  approved  pattern  so  attached  to  the  car  as  best 
to  protect  from  injury  all  persons  on  said  avenue,  street  or  road. 
Said  cars  shall  also  be  provided  with  headlights,  to  be  lighted  at 
night,  and  proper  gongs,  which  shall  be  rung  at  all  side  streets  and 
cross  roads  so  as  to  give  proper  warning  of  the  approach  of  the  car. 
All  cars  shall  be  comfortably  heated  in  cold  weather  and  lighted  by 
electricity,  kept  clean  and  properly  ventilated,  and  the  platforms  of 
all  cars  shall  be  so  arranged  that  the  front  platform  shall  be  enclosed, 
for  the  protection  of  the  motorman,  from  the  first  day  of  November 
to  the  first  day  of  April  each  year.  All  cars  shall  be  properly  pro¬ 
tected  upon  the  sides  of  the  platforms  by  rails  or  gates,  so  that  ingress 
■or  egress  to  and  from  said  cars  can  only  be  had  from  the  side  of 
the  car  nearest  the  curb. 

Sec.  13.  Where  said  railway  tracks  shall  pass  over  culverts  or 
gutters,  the  bottom  of  which  shall  be  below  the  grade  line  of  said 
railway,  iron  girders  or  proper  supports  of  the  most  approved  pattern 
shall  be  provided  by  the  company,  and  such  necessary  bridges  with 
proper  drains  shall  be  constructed  across  the  tracks  so  as  not  to 
hinder  or  obstruct  the  flow  of  surface  water  underneath  the  tracks 
of  said  railway. 

Sec.  14.  The  said  railway  company  and  its  officers,  servants, 
agents  or  employees,  shall  not,  nor  shall  any  or  either  of  them  be 
allowed  to  shovel,  throw  or  place  any  snow,  ice,  slush,  or  any  other 
material  alongside  the  track  or  tracks  of  said  company  in  any  street 
or  avenue  in  such  manner  as  to  obstruct  other  public  travel  thereon, 
but  when  removing  such  snow,  ice,  slush  or  any  other  material  from 
said  track  or  tracks,  the  said  railway  company,  or  its  said  officers, 
servants,  agents  or  employees  shall  cause  the  same  to  be,  without 
unnecessary  delay,  levelled  between  the  said  track  or  tracks  and  the 
gutter  lines  on  each  side  thereof.  In  case  the  said  railway  company 
shall  for  twelve  hours  after  snow  has  stopped  falling  neglect  to  carry 
out  the  provisions  of  this  paragraph,  the  Superintendent  of  Roads 
of  the  Town  of  Montclair  may  give  notice  to  said  railway  company 
to  comply  immediately  with  said  provisions,  and  if  the  railway  com¬ 
pany  shall  remain  in  default  for  eight  hours  after  said  notice  has 


ORDINANCES. 


175 


been  given,  the  Superintendent  of  Roads  may  have  the  necessary 
work  done  at  the  expense  of  the  said  company,  who  will  pay  for 
the  same  on  demand. 

Sec.  15.  No  salt  shall  be  used  by  said  company  on  any  part  of 
its  tracks  except  on  heavy  grades,  curves  and  turnouts,  without  the 
consent  of  the  Council  of  the  Town  of  Montclair  or  the  proper 
officers  of  said  town,  nor  shall  any  car  belonging  to  the  said  railway 
company  be  allowed  to  stand  in  or  obstruct  any  cross  street  or  stand 
on  any  crosswalk,  except  to  receive  or  discharge  passengers.  Cars 
are  not  to  stand  or  remain  in  any  one  position  upon  the  said  street 
or  avenue  for  more  than  five  minutes  at  any  time,  except  when 
such  car  shall  be  unavoidably  obstructed  or  detained  without  fault 
or  negligence  of  said  railway  company,  or  any  of  its  officers,  servants, 
agents,  or  employees,  under  a  penalty  of  ten  dollars,  to  be  paid  by 
said  company  to  the  Town  of  Montclair  with  costs  of  collection  for 
each  and  every  violation  of  this  section. 

Sec.  16.  The  Council  of  the  Town  of  Montclair  in  behalf  of  said 
town  reserves  the  right  to  dig  or  excavate  in  and  upon  said  street, 
road  or  avenue  for  the  purpose  of  laying,  replacing,  examining  and 
repairing  any  sewer,  water  or  gas  pipes,  or  for  the  purpose  of  making 
any  other  public  improvements  or  doing  any  other  public  work 
whatsoever,  and  the  said  railway  company  shall  have  no  recourse  or 
claim  to  damages  because  of  any  detention  to  travel  on  the  said 
railway  arising  therefrom,  provided  that  said  work  shall  be  done 
as  quickly  as  possible  without  causing  unnecessary  delay  in  the 
operation  of  said  railway;  and  provided  further,  that  if  such  work 
can  be  made  or  done  in  any  feasible  or  practicable  way  without 
obstructing  the  operation  of  said  railway,  then  such  work  must  be 
done  in  such  manner  as  to  obstruct  such  operation  as  little  as 
possible. 

In  case  of  fire  the  Fire  Department  of  the  Town  of  Montclair 
shall  have  the  right,  without  notice  and  without  compensation,  to 
cut  or  remove  any  overhead  wires  of  said  railway  company  for  the 
purpose  of  more  readily  and  safely  extinguishing  said  fire,  if  the 
same  be  deemed  necessary  by  the  Chief  Engineer  of  the  Fire  De¬ 
partment. 

Sec.  17.  The  said  company  shall  remove  any  dirt,  gravel  or 
any  other  material  or  obstruction  placed  by  it  or  its  employees  on 
said  street,  road  or  avenue  within  three  days  after  the  service  on 


176 


ORDINANCES. 


said  company  of  written  notice  so  to  do  by  the  said  Council  of  the 
Town  of  Montclair  or  its  duly  authorized  agent.  In  case  the  com¬ 
pany  shall  fail  to  remove  such  obstruction  and  put  the  said  street, 
road  or  avenue  in  as  good  order  as  before  such  obstruction  was 
placed  therein  by  said  company,  the  said  council  may  order  the  said 
work  to  be  done  at  the  expense  of  said  railway  company. 

Sec.  18.  All  persons  driving  vehicles  on  any  of  the  tracks  of  the 
said  company,  when  met  or  overtaken  by  a  car  of  the  company, 
shall,  on  being  warned  by  the  ringing  of  a  bell  or  gong,  or  by  request 
of  the  motorman  or  conductor  of  said  car,  without  unnecessary 
delay,  turn  and  drive  said  vehicle  off  such  track  or  tracks,  so  as  to  al¬ 
low  such  car  to  pass  by;  it  being  understood  that  the  cars  of  said 
company  shall  have  the  right  of  way  over  the  tracks  of  said  company, 
and  any  person  violating  this  section  shall  be  subject  to  a  penalty 
or  fine  of  five  dollars,  to  be  recovered  before  the  Recorder  of  said 
town,  provided,  however,  that  any  vehicle  being  loaded  or  unloaded 
while  standing  on  said  tracks,  shall  not  make  its  owner  or  driver 
thereof  liable  to  the  penalty  imposed  by  this  action  unless  allowed 
to  remain  on  said  tracks  for  a  longer  period  than  five  minutes. 

Sec.  19.  The  rate  of  fares  to  be  charged  for  each  and  every  adult 
passenger  riding  on  the  cars  of  the  said  North  Jersey  Street  Railway 
Company  shall  be  as  follows:  For  each  adult  passenger  between  any 
point  in  the  Town  of  Montclair  and  any  other  point  in  the  Town 
of  Montclair,  any  point  in  the  Township  of  Bloomfield,  Borough  of 
Glen  Ridge,  or  Township  of  Verona,  the  sum  of  five  (5)  cents. 
Between  any  point  in  the  Town  of  Montclair  on  the  line  of  said 
railway,  on  Elm  street  or  Orange  road,  and  any  point  on  the  Bloom¬ 
field  avenue  line  of  said  company,  in  the  City  of  Newark,  terminating 
at  the  Market  street  station  of  the  Pennsylvania  Railroad,  the  fare 
shall  be  ten  (10)  cents  until  January  1st,  1901,  and  thereafter  shall 
be  eight  (8)  cents. 

And  whenever  the  said  railway  company  or  its  successors  shall 
construct  or  operate  railways  in  any  other  places  set  forth  in  Section 
20,  following,  or  make  the  connections  therein  referred  to,  with  the 
southerly  terminus  in  Montclair,  and  shall  also  operate  or  make 
passenger  traffic  arrangements  with  any  railway  corporation  or  others 
operating  a  railway  between  either  of  the  said  places  and  the  City 
of  Newark,  then  the  fares  between  any  point  in  the  Town  of  Mont¬ 
clair,  on  the  line  of  said  railway  in  Montclair,  on  Elm  street  and 


ORDINANCES. 


177 


Orange  road,  by  way  of  said  Orange  connections  and  the  Market 
street  depot  in  the  city  of  Newark,  shall  be  the  sum  of  not  exceeding 
ten  (10)  cents  until  January  1st,  1901,  and  thereafter  shall  be  eight 
(8)  cents. 

Excursion  tickets  from  Montclair  to  the  City  of  Newark  with 
transfer  coupons  attached,  good  each  way  on  any  line  in  the  city  of 
Newark,  shall  be  furnished  by  the  said  North  Jersey  Street  Railway 
Company  to  any  passenger  requesting  the  same  for  the  sum  of  two 
(2)  cents  in  addition  to  the  fares  as  above  fixed,  respectively.  The 
fares  to  be  charged  for  school  children  under  the  age  of  sixteen  (16) 
years,  during  the  days  while  the  schools  in  said  town  are  in  session 
shall  be  at  the  rate  of  thirty-three  tickets  for  one  dollar,  which  tickets 
shall  be  sold  to  any  scholar  whose  attendance  at  the  schools  in  said 
town  shall  be  certified  by  the  principal  in  charge  of  the  various 
schools  at  which  said  scholars  may  respectively  attend,  and  such 
tickets  may  be  used  and  shall  be  good  between  the  hours  of  7.45  a.  m. 
and  5  p.  m.  during  the  days  when  said  schools  are  in  session. 

Sec.  20.  If  the  said  North  Jersey  Street  Railway  Company  or 
its  successors  shall  extend  the  above  described  line  into  the  Town¬ 
ships  of  East  or  West  Orange  or  the  City  of  Orange  or  shall  operate 
cars  over  the  above  described  route  and  said  extension  in  the  Town¬ 
ships  of  East  or  West  Orange  or  the  City  of  Orange,  or  shall  operate 
through  cars  over  said  line  between  any  point  in  the  Town  of 
Montclair  and  any  point  in  either  of  said  Townships  of  East  or 
West  Orange  or  the  City  of  Orange,  then  the  fare  to  be  charged 
between  any  point  in  the  Town  of  Montclair  and  any  point  in  the 
Townships  of  East  or  West  Orange  or  the  City  of  Orange  traversed 
by  said  cars  shall  be  five  cents. 

The  said  cars  on  the  Elm  street  and  Orange  road  line  shall  run  on 
a  headway  of  fifteen  minutes  from  six  o’clock  in  the  morning  until 
eight  o’clock  at  night,  and  from  eight  o’clock  at  night  until  one 
o’clock  in  the  morning  at  a  headway  of  thirty  minutes,  the  last 
car  to  leave  the  southerly  terminus  of  the  Orange  road  in  the  Town 
of  Montclair  not  earlier  than  one  o’clock  a.  m.  The  said  cars  shall 
be  run  at  a  speed  not  exceeding  eight  miles  an  hour  in  said  Town 
of  Montclair.  The  cars  shall  make  continuous  trips  without  change 
between  the  northerly  terminus  of  the  said  railway  company’s  line 
on  Valley  road  and  the  southerly  terminus  of  said  railway  on  Orange 
road,  on  at  least  the  headway  above  defined,  but  if  the  headway  shall 


178 


ORDINANCES. 


be  decreased,  then  such  requirement  as  to  continuous  trips  shall  not 
be  applied  to  additional  headway  cars,  but  shall  be  construed  to  apply 
only  to  those  to  be  run  on  the  headway  so  defined  as  above.  And 
it  is  further  agreed  that  the  cars  leaving  the  northerly  terminus  on 
Valley  road  at  1  o’clock  a.  m.  shall  not  be  required  to  run  further 
than  Bloomfield  avenue. 

The  Council  of  the  Town  of  Montclair  reserves  the  right  to  further 
regulate  the  headway  and  speed  at  which  the  cars  shall  run  along 
any  part  of  said  routes  for  which  maps  have  been  filed  with  the 
Town  Clerk  of  the  Town  of  Montclair. 

Whenever  the  public  demand  for  further  accommodation,  both  as 
to  hours  of  running  and  number  of  cars  to  be  run,  shall  fairly  and 
reasonably  warrant  it,  the  said  North  Jersey  Street  Railway  Company 
shall  cause  their  cars  to  be  run  with  such  frequency  and  at  hours 
which  shall  be  needed  to  meet  such  demand. 

During  the  summer  months  at  least  every  fourth  car  shall  be  of  a 
pattern  known  as  a  closed  passenger  car. 

Sec.  21.  All  cars  operated  by  the  said  railway  company  shall 
come  to  a  full  stop  at  the  several  points  or  places  where  the  railroad 
track  or  tracks  of  any  railroad  line  owned,  controlled  or  operated  by 
it  or  its  successors  or  assigns  shall  or  may  cross  or  intersect  the 
track  or  tracks  of  any  street  railroad  or  of  any  steam  railroad  within 
the  Town  of  Montclair  before  passing  over  any  such  crossing  or 
intersecting  track  or  tracks. 

Sec.  22.  Whenever  a  motive  power  which  shall  do  away  with 
overhead  wires  shall  be  found  practicable  and  in  successful  opera¬ 
tion  in  any  municipality  in  the  United  States  of  not  greater  popula¬ 
tion  than  the  Town  of  Montclair  or  its  successors,  the  North  Jersey 
Street  Railway  Company  or  its  successors  shall  upon  six  months’ 
notice  in  writing  to  be  given  by  the  Council  of  the  Town  of  Montclair 
or  their  successors,  forthwith  change  the  motive  power  upon  its 
lines  within  the  Town  of  Montclair  to  such  motive  power  as  may  be 
in  use  in  such  other  municipality,  and  when  such  change  is  made 
said  railway  company  shall  proceed  immediately  to  remove  all  poles 
and  overhead  wires  from  the  street  or  streets,  avenue  or  avenues 
over  and  through  which  their  tracks  are  laid  and  poles  and  wires  are 
placed. 

Sec.  23.  The  said  company  shall  complete  the  construction  of 
and  operate  said  railway  within  one  year  from  the  date  of  the 


ORDINANCES. 


179 


adoption  of  this  ordinance,  otherwise  all  the  rights,  powers  and 
privileges  hereby  granted  and  every  one  of  them  may  by  declaration 
of  the  Council  of  the  Town  of  Montclair  become  null  and  void. 

Sec.  24.  The  provisions,  terms  and  conditions  of  this  ordinance 
shall  be  binding  upon  the  successors  of  the  said  North  Jersey  Street 
Railway  Company,  as  well  as  upon  the  said  company  as  now  con¬ 
stituted. 

Sec.  25.  The  rights  and  privileges  hereby  given  shall  continue 
until  the  first  day  of  January,  nineteen  hundred  and  thirty-eight; 
the  right  being  reserved  by  the  Town  Council  to  purchase  at  the  ex¬ 
piration  of  said  term  or  any  subsequent  forty-year  period  the  said 
line  of  street  railway,  consent  and  permission  to  construct  which  is 
hereby  given,  and  the  appurtenances  therewith,  including  the  overhead 
wire  and  poles,  from  the  said  company  at  the  actual  initial  cost  to 
the  said  company  of  the  construction  of  the  said  line  in  this  ordinance 
described,  including  the  additional  cost  of  changing  the  motive  power, 
if  required,  pursuant  to  Section  22  of  this  ordinance;  provided,  how¬ 
ever,  in  the  event  of  the  purchase  of  said  line  by  the  Town  of 
Montclair,  if  the  motive  power  has  been  changed  and  the  use  of 
overhead  poles  and  wires  thereby  dispensed  with,  the  original  cost 
of  such  poles  and  wires  shall  not  be  included  as  a  part  of  tbe 
initial  cost  of  construction  of  said  line.  And  the  said  company  shall 
file  with  the  Clerk  of  said  town,  within  sixty  days  after  the  com¬ 
pletion  of  the  said  line,  a  statement  of  the  actual  cost  of  the  con¬ 
struction  thereof,  specifying  in  detail  the  items  thereof,  which  state¬ 
ment  shall  also  be  verified  by  the  oath  of  the  treasurer  of  said  com¬ 
pany;  and  in  case  of  the  change  of  motive  power  at  the  request  of 
the  Council  of  the  Town  of  Montclair  or  its  successors,  the  said  North 
Jersey  Street  Railway  Company  or  its  successors  shall  file  with  the 
Clerk  of  said  town  within  sixty  days  after  the  completion  of  said 
change  of  motive  power,  a  statement  of  the  actual  cost  of  the  con¬ 
struction  thereof,  specifying  in  detail  the  items  thereof,  which  state¬ 
ment  shall  also  be  verified  by  the  oath  of  the  treasurer  of  said  company. 

In  case  the  council  determines  to  make  such  purchase,  the  pay¬ 
ment  for  said  purchase  shall  be  made  to  the  said  company,  its  suc¬ 
cessors  or  assigns,  on  or  before  the  said  first  day  of  January,  nineteen 
hundred  and  thirty-eight,  and  on  any  purchase  by  the  said  town,  or 
its  successors,  all  rights  of  said  railway  company  on  said  line  shall 
cease  and  determine ;  and  it  is  agreed  on  the  part  of  the  said  town 


180 


ORDINANCES. 


council  that  notice  shall  be  given  to  the  said  company  or  its  success¬ 
ors  or  assigns,  on  or  before  the  first  day  of  July,  nineteen  hundred 
and  thirty-seven,  of  the  intention  of  the  said  Town  Council  to  pur¬ 
chase  the  said  line  of  tracks  by  virtue  of  the  rights  reserved  by  this 
section,  it  being  further  agreed  and  ordained  that  if,  on  the  first  day 
of  July,  nineteen  hundred  and  thirty-seven,  the  said  town  council 
shall  not  have  determined  to  purchase  the  said  line  that  there  shall 
then  be  a  readjustment  of  the  terms  and  conditions  under  which  the 
said  company  or  its  successors  or  assigns  may  continue  to  enjoy  the 
franchise  upon  said  line  for  another  term  of  forty  years,  and  further 
that  at  the  expiration  of  each  and  every  forty  year  period  thereafter 
the  said  town  shall  have  the  right  of  purchase  on  the  same  terms, 
or  at  its  option  there  shall  be  a  readjustment  of  terms  and  conditions, 
and  a  further  extension  of  said  franchise  for  a  new  and  further 
period  of  forty  years;  that  in  such  adjustment  there  may  be  consid¬ 
ered  and  determined  the  rates  of  fare  to  be  charged  by  the  said  com¬ 
pany,  or  its  successors  or  assigns,  for  the  carrying  of  passengers 
within  the  limits  of  the  Town  of  Montclair  as  now  constituted,  and 
for  the  carrying  of  passengers  between  the  said  Town  of  Montclair 
and  the  City  of  Newark,  or  other  adjoining  municipalities,  and  also 
an  adjustment  of  the  compensation,  if  any,  to  be  paid  by  the  said 
company  to  the  Town  of  Montclair,  or  its  successors,  if  in  the  judg¬ 
ment  of  the  then  existing  council,  or  other  governing  body,  such 
readjustment  shall  be  desired  for  the  public  good  and  warranted  by 
the  number  of  passengers  carried  by  said  company  upon  said  line,  at 
the  respective  adjustment  dates  as  herein  fixed;  the  aforesaid  deter¬ 
mination  of  the  said  council,  or  other  governing  body,  herein  provided 
for,  to  be  manifested  by  resolution  passed  by  a  majority  vote  of  its 
members,  of  which  said  action  the  said  company  shall  have  ten  days’ 
notice  before  final  adoption.  Upon  the  adoption  of  said  resolution 
the  said  council  or  other  governing  body,  and  the  said  North  Jersey 
Street  Railway  Company,  or  its  successors,  shall  immediately  pro¬ 
ceed  to  make  the  readjustment  herein  provided  for,  and  in  case  the 
said  council,  or  its  successors,  and  the  North  Jersey  Street  Railway 
Company,  or  its  successors,  shall  not  be  able  to  agree  upon  the 
terms  of  said  adjustment,  or  readjustment  as  the  case  may  be,  within 
two  months  from  the  date  of  the  adoption  of  said  resolution  as 
herein  provided,  the  said  council,  or  other  governing  body,  and 
the  said  North  Jersey  Street  Railway  Company,  or  its  successors, 


ORDINANCES. 


181 


shall  each  forthwith  choose  an  arbitrator,  and  the  two  so  chosen 
shall  select  a  third  who  shall  not  reside  within  the  limits  of  the  Town 
of  Montclair  as  now  constituted,  nor  be  in  any  way  interested  in 
said  railway  company,  or  its  successors,  and  the  decision  of  a  major¬ 
ity  of  the  persons  constituting  the  board  of  arbitrators  as  aforesaid, 
shall  be  binding  upon  both  the  said  council  or  other  governing  body 
and  the  said  railway  company  or  its  successors,  as  to  the  matters 
of  adjustment  or  readjustment,  as  the  case  may  be,  contemplated  by 
this  section,  and  in  case  the  said  North  Jersey  Street  Railway  Com¬ 
pany  or  its  successors,  shall  fail  to  choose  an  arbitrator  as  herein 
provided,  the  said  council,  or  other  governing  body,  shall  have  power 
to  make  such  adjustment  or  readjustment,  and  the  same,  when  so 
made,  shall  be  binding  upon  the  North  Jersey  Street  Railway  Com¬ 
pany  or  its  successors  in  like  manner,  as  if  made  by  arbitrators  as 
herein  set  out ;  provided,  however,  that  neither  the  said  arbitrators 
nor  said  council  or  other  goveruing  body,  shall  increase  the  fares 
to  be  charged  by  said  railway  company  or  its  successors  beyond  the 
rates  fixed  by  this  ordinance.  The  expense  of  the  arbitrator  or  arbi¬ 
trators  contemplated  by  this  section,  if  found  necessary,  shall  be 
borne  by  the  Town  of  Montclair,  or  its  successors,  and  the  said 
company,  or  its  successors,  in  equal  proportion. 

Sec.  26.  All  expenses  incident  to  the  preparation,  adoption  and 
printing  of  this  ordinance,  as  well  as  the  public  hearings  required 
by  law,  preliminary  thereto,  shall  be  borne  by  said  company,  and 
this  ordinance  shall  not  go  into  effect  until  the  North  Jersey  Street 
Railway  Company  shall  have  executed  in  duplicate,  under  its  corpo¬ 
rate  seal,  duly  attested  and  approved  or  acknowledged  at  the  foot, 
as  a  true  copy  of  the  ordinance,  an  acceptance  thereof  in  these  terms : 
“The  North  Jersey  Street  Railway  Company  hereby  agrees  to  all  the 
terms,  conditions  and  restrictions  in  the  foregoing  ordinance  set 
forth;”  and  shall  file  one  of  the  duplicate  agreements  with  the  Town 
Clerk  and  another  with  the  Clerk  of  Essex  County,  within  ten  days 
after  the  passage  hereof. 


Adopted  November  6th,  1899. 


182 


ORDINANCES. 


An  Ordinance  Providing  for  a  Superintendent  of  Roads  and  Sewers,  and 
Defining'  His  Duties  and  Fixing  His  Compensation. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows: 

1.  There  shall  be  appointed  by  the  Council,  as  hereinafter  pro¬ 
vided,  an  officer  to  be  known  as  Superintendent  of  Roads  and  Sewers 
of  the  Town  of  Montclair. 

2.  The  Superintendent  of  Roads  and  Sewers  shall  be  appointed 
annually  by  the  Council,  to  serve  for  the  term  of  one  year  from  the 
first  day  of  June  next  succeeding  his  appointment. 

He  shall,  under  the  direction  of  the  Town  Council,  have  super¬ 
vision  of  the  streets  and  highways  of  the  town,  the  construction 
and  repairs  of  streets  and  sidewalks  and  of  all  sewers  and  drains 
and  perform  such  other  services,  including  the  granting  of  permits 
and  control  of  sewer  maintenance,  as  may  from  time  to  time  be  re¬ 
quired  of  him  by  the  Council. 

He  shall  keep  a  record  of  all  his  official  acts,  and  make  a  report 
of  the  same  to  the  Council  at  its  first  regular  meeting  in  each  and 
every  month. 

3.  The  compensation  to  be  paid  to  the  Superintendent  of  Roads 
and  Sewers  shall  be  the  sum  of  1,200  dollars  per  annum,  payable 
in  equal  monthly  installments. 

4.  All  ordinances  and  parts  of  ordinances  inconsistent  with  the 
provisions  of  this  ordinance  are  hereby  repealed. 

Adopted  May  14th,  1900. 


An  Ordinance  Providing  for  the  Contingent  Expenses  of  the  Several  Officers 
of  the  Town  of  Montclair. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows : 

Section  1.  [As  ant’d  Sept.  22,  1902.]  There  shall  be  drawn  from 
the  incidental  fund  of  the  Town  of  Montclair,  when  appropriated, 
and  deposited  for  contingent  expenses  with  the  officers  and  employees 


ORDINANCES. 


183 


of  the  Town  of  Montclair,  hereinafter  named,  the  several  sums  here¬ 
inafter  stated,  that  is  to  say : 

With  the  Town  Clerk,  the  sum  of  fifty  dollars. 

With  the  Superintendent  of  Roads  and  Sewers,  the  sum  of  not 
exceeding  one  thousand  dollars,  as  the  Council  may  from  time  to 
time  by  resolution  direct. 

With  the  Chief  of  Police,  the  sum  of  fifty  dollars. 

Sec.  2.  The  said  officers  or  employes  shall  keep  an  account  of 
all  expenditures  made  by  them,  respectively,  from  such  sums  so  placed 
in  their  hands  as  aforesaid,  and  render  an  account  of  the  same  to 
the  Council  at  its  first  regular  meeting  in  each  and  every  month. 

Sec.  3.  The  full  amount  of  all  sums  of  money  belonging  to  the 
Town  of  Montclair  coming  into  the  hands  of  any  of  said  officers 
or  employes,  in  the  discharge  of  their  several  duties,  from  any  source 
other  than  is  provided  in  and  by  this  ordinance,  shall  be  paid  over 
by  said  officers  or  employes  to  the  Town  Treasurer,  and  any  disburse¬ 
ment  of  public  money  received  by  them  or  any  of  them  other  than 
as  hereinbefore  provided,  is  hereby  prohibited. 

Adopted  May  21st,  1900. 


An  Ordinance  Relating  to  Official  Searches  and  Certificates  as  to  Tax, 
Assessment  and  Municipal  Liens  in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

1.  On  and  after  the  1st  day  of  October,  the  Town  Collector  shall, 
on  application  of  any  person  interested  therein,  make  searches  of  the 
tax  or  assessment  records  of  the  Town,  and  shall  make  and  issue 
official  certificates  as  to  what  tax,  assessment  or  other  municipal  liens 
appear  against  any  real  estate  in  said  Town. 

2.  Any  person  who  shall  apply  to  the  Town  Collector  for  any 
search  or  certificate  shall  indicate  distinctly  in  writing  the  property 
on  which  such  search  is  desired,  and  shall  pay  to  the  said  Collector, 
for  the  use  of  the  Town,  the  sum  of  three  dollars  at  the  time  such 
application  is  made. 


Adopted  August  13th,  1900. 


184 


ORDINANCES. 


An  Ordinance  respecting  the  use  of  broad  tires  on  Wagons  and  Carts 
upon  Macadamized  Public  Streets  within  the  Town  of  Montclair. 

Be  it  enacted  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows : 

Section  1.  Every  coal,  express^  lumber,  brick  or  other  draft 
wagon  or  cart,  carrying  two  thousand  pounds  or  over,  used  upon 
any  of  the  macadamized  public  streets  within  the  limits  of  the  Town 
of  Montclair  shall  be  fitted  with  tires  of  a  width  of  at  least  three 
and  one-half  inches. 

Sec.  2.  Any  person  who  shall  drive  or  suffer  or  procure  to  be 
driven  any  such  draft  wagon  or  cart  upon  any  such  street  within 
said  Town,  without  first  causing  such  wagon  to  be  fitted  with  tires 
of  a  width  of  three  and  one-half  inches,  shall  be  liable  to  a  fine  not 
exceeding  ten  dollars  for  each  such  offence. 

Sec.  3.  This  ordinance  shall  take  effect  on  the  fifteenth  day  of 
June  in  the  year  nineteen  hundred  and  one;  and  the  provisions  hereof 
shall  not  be  applicable  to  any  wagon  or  cart  transiently  passing 
through  the  limits  of  said  Town,  and  not  owned  or  permanently  used 
therein. 

Sec.  4.  That  the  ordinance  entitled  “An  ordinance  respecting  the 
use  of  broad  tires  on  wagons  and  carts  upon  macadamized  public 
streets  within  the  Town  of  Montclair,”  adopted  October  15,  1900, 
be  and  the  same  is  hereby  repealed. 

Adopted  November  26th,  1900. 


An  Ordinance  to  Prevent  Vice  and  Immorality,  to  Preserve  Public  Peace 
and  Good  Order,  and  to  Prevent,  Disperse  and  Quell 
Crowds,  Riots  and  Disorderly  Assemblages. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows : 

Section  1.  [As  ant’d,  Feb.  16,  1906.]  No  person  shall  loiter  in 
or  upon  any  street  or  public  place,  or  in  or  about  any  public  building, 
so  as  to  interfere  with  the  free  and  unobstructed  use  thereof  by  the 
public,  nor  utter  or  make  any  loud,  indecent,  abusive  or  offensive 
language  or  noise  thereon ;  nor  engage  in  any  game  of  chance  for 
money  or  other  valuable  thing,  in  such  public  place;  nor  make  any 


ORDINANCES. 


185 


indecent  exposure  or  exhibition  of  any  kind,  or  do  or  commit  any 
disturbance  or  breach  of  the  peace  in  or  upon  any  street,  avenue  or 
public  place  in  the  Town  of  Montclair;  nor  disturb  by  any  violent, 
obscene,  abusive  or  threatening  language  or  disorderly  or  indecent 
behavior  of  any  kind,  any  lawful  congregation  or  assembly  of  any 
kind  or  description,  in  any  public  place  or  building  within  the  limits 
of  the  Town  of  Montclair. 

Sec.  2.  No  person  shall,  on  the  first  day  of  the  week,  commonly 
called  Sunday,  in  any  street,  unimproved  lot  or  any  public  place, 
engage  in  any  game  with  others,  or  disorderly  conduct  of  any  kind 
within  the  Town  of  Montclair. 

Sec.  3.  No  person  or  persons  shall  allow  or  permit  any  house, 
shop,  saloon  or  place  connected  therewith,  and  owned  by  him  to  be 
used,  frequented  or  resorted  to  by  riotous  or  disorderly  persons,  drunk¬ 
ards,  prostitutes,  vagrants  or  common  mendicants,  or  suffer  or  permit 
any  house,  shop,  store,  saloon,  lot  or  other  place  as  aforesaid,  to 
become  riotous  or  disorderly  at  any  time,  either  by  day  or  night, 
or  suffer  or  furnish  any  machine  or  device,  commonly  called  a  “slot- 
machine,”  or  other  machine  or  device  to  be  used  or  operated  for 
the  purpose  of  gambling  in  any  such  building  within  the  Town  of 
Montclair.  Every  person  having  control  of  any  house,  shop,  saloon 
or  other  place,  either  as  tenant,  agent  or  otherwise  shall  be  deemed 
for  the  purpose  of  this  section  to  be  the  owner  and  be  liable  as  an 
owner  for  any  violation  hereof. 

Sec.  4.  [As  ant’d  Feb.  16,  1906.]  Every  person  offending  against 
any  of  the  provisions  of  this  ordinance  shall  be  subject  to  a  penalty 
of  five  dollars  for  a  first  offence  against  the  provisions  of  any  section, 
and  ten  dollars  for  the  second  offence  against  the  same  section,  and 
twenty  dollars  for  each  subsequent  offence  after  the  second. 

Sec.  5.  Every  person  who  aids  or  abets  the  commission  of  any 
offence  against  the  provisions  of  this  ordinance  shall,  upon  conviction, 
be  fined  not  more  than  twenty  dollars. 

Sec.  6.  An  ordinance  entitled  “An  Ordinance  to  prevent  Vice  and 
Immorality,  to  preserve  Public  Peace  and  Good  Order,  and  to  pre¬ 
vent,  disperse  and  quell  Crowds,  Riots  and  Disorderly  Assemblages,” 
Adopted  July  2d,  1894,  is  hereby  repealed  from  and  after  the  time 
when  this  ordinance  takes  effect. 


Adopted  January  14th,  1901. 


186 


ORDINANCES. 


An  Ordinance  to  regulate  the  carrying  of  concealed  or  other  weapons  and 

to  prohibit  the  carrying  or  use  of  the  same  except  as  herein  provided. 

Section  1.  [ Repealed  Feb.  16,  1906.] 

Sec.  2.  [As  ant’d  Feb.  16,  1906.]  Any  person  who  has  occasion 
to  carry  a  deadly  weapon  for  his  protection  may  apply  to  the  Chief 
of  Police,  and  if  he  is  satisfied  that  the  applicant  is  a  law-abiding 
citizen  and  resident  of  the  town  and  that  there  is  good  reason  why 
such  applicant  should  be  allowed  to  carry  such  weapon,  he  may  rec¬ 
ommend  to  the  Mayor  that  a  permit  therefor  be  issued;  and  if  the 
Mayor  shall  approve  of  the  recommendation,  he  shall  issue  his  permit 
accordingly.  Such  applicant  shall,  at  the  time  of  applying  for  such 
permit,  file  with  the  Chief  of  Police  a  statement  in  writing  showing 
his  name  and  address  and  the  reason  for  desiring  such  permit.  Before 
such  permit  shall  take  effect,  it  shall  be  registered  in  the  office  of  the 
Town  Clerk  and  also  at  Police  Headquarters  to  the  end  that  a  com¬ 
plete  record  of  permits  issued  and  outstanding  may  be  kept  in  both 
offices. 

Sec.  3.  [As  ant’d  Feb.  16,  1906.]  The  Mayor  shall  have  power 
to  annul  or  revoke  any  permit  given  under  this  ordinance  at  any 
time,  and  a  written  notice  of  such  revocation,  served  personally  on 
the  person  to  whom  it  was  issued,  or  mailed  to  him  at  the  address 
given  in  his  written  application,  shall  be  sufficient  notice.  Such  revo¬ 
cation  shall  take  effect  immediately,  if  served  personally,  and  if  served 
by  mail  in  twenty-four  hours  after  it  shall  have  been  deposited,  duly 
sealed  and  post-paid,  in  the  post  office. 

Sec.  4.  All  persons  to  whom  such  permits  shall  be  given  are  hereby 
declared  to  be  individually  responsible  for  their  own  acts  and  for 
the  consequences  which  may  arise  from  the  use  of  any  weapon  or 
weapons  to  be  carried  under  the  permission  to  be  obtained  as  pro¬ 
vided  in  this  ordinance. 

Sec.  5.  No  person  not  an  officer  of  the  law,  duly  authorized  for 
such  purpose,  or  a  member  of  the  United  States  Army  or  of  the 
National  Guard  of  New  Jersey  engaged  in  the  performance  of  duty, 
shall  use  or  discharge  any  rifle,  gun,  pistol  or  other  firearm  in  or 
upon  any  street  or  public  place  in  the  Town  of  Montclair,  or  in  such 
a  manner  that  the  missile  therefrom  shall  pass  into,  upon  or  over  any 
street  or  public  place  in  the  Town  of  Montclair,  except  under  and  in 
accordance  with  permits  which  shall  have  been  given  as  in  this  ordi- 


ORDINANCES. 


187 


nance  provided.  And  no  minor  under  the  age  of  eighteen  years 
shall  use  or  discharge  any  rifle,  shot  gun,  pistol  or  other  firearm,  or 
air  or  spring  gun  or  sling  shot  within  the  limits  of  the  Town  of 
Montclair. 

Sec.  6.  [As  ant’d  Feb.  16,  1906.]  For  each  and  every  violation 
of  the  provisions  of  this  ordinance,  the  offender  shall  be  liable,  upon 
conviction,  to  a  penalty  of  twenty  dollars. 

Sec.  7.  An  ordinance  entitled  “An  ordinance  to  regulate  the  carry¬ 
ing  of  concealed  or  other  weapons  and  to  prohibit  the  carrying  or 
use  of  the  same  except  as  herein  provided,”  passed  April  22d,  1901, 
and  an  amendment  thereto  passed  February  9th,  1903,  are  hereby 
repealed. 

Adopted  January  25th,  1904. 


An  Ordinance  Regulating  the  use  of  Streets,  Sidewalks  and  Public  Grounds 
in  the  Town  of  Montclair. 

Section  1.  | As  ant’d  Feb.  16,  1906.]  No  person  shall  encumber 

or  obstruct  any  street  or  public  place  in  the  Town  of  Montclair  with 
any  article  or  thing  whatsoever  without  first  having  obtained  permis¬ 
sion  therefor  from  the  Town  Council,  under  a  penalty  of  twenty  ($20) 
dollars  for  each  and  every  offence.  Each  day  that  such  an  encum¬ 
brance  or  obstruction  shall  remain  after  notice  to  remove  the  same 
shall  constitute  a  separate  offense,  and  the  person  so  offending  shall 
be  liable  to  a  further  penalty  of  one  dollar  for  each  day  it  shall  so 
remain. 

Sec.  2.  No  person  shall  throw,  put  or  place  or  cause  or  permit 
to  be  thrown,  put  or  placed  into,  upon  or  within  any  public  street  or 
place,  any  substance,  matter  or  thing  whatsoever  whereby  the  safe, 
free  or  unobstructed  use  of  the  same  by  the  public  may  be  in  any 
wise  impeded  or  interfered  with. 

Sec.  3.  [As  am’d  Aug.  24,  1903.]  No  person  shall  remove,  dis¬ 
turb,  excavate  or  dig  up,  or  cause  or  procure  to  be  removed,  disturbed, 
excavated  or  dug  up,  the  surface  of  any  public  street,  lane,  alley, 
court,  park  or  other  public  place,  or  any  sidewalk  or  pavement  therein, 
except  by  permission  of  the  Town  Council  first  had  and  obtained. 


188 


ORDINANCES. 


No  permit  or  license  for  such  purpose  shall  be  granted  to  any  con¬ 
tractor  or  person  other  than  the  owner  of  the  land  abutting  upon 
that  portion  of  the  street,  sidewalk  or  pavement  to  be  removed  or 
excavated,  unless  the  person  to  whom  the  same  is  granted  shall  first 
have  executed  and  placed  on  file  in  the  office  of  the  Town  Clerk  a 
bond  with  at  least  one  surety  satisfactory  to  the  Town  Council  in 
the  penal  sum  of  one  thousand  dollars,  conditioned  that  the  obligor 
shall,  in  every  case  in  which  he  shall  remove,  disturb  or  dig  up 
the  surface  of  any  public  street,  lane,  alley,  court,  park  or  other 
public  place,  or  any  sidewalk  or  pavement  therein  for  any  purpose 
whatever,  comply  with  all  the  requirements  and  provisions  of  all 
ordinances  of  the  Town  of  Montclair  of  whatever  title,  concerning 
street  excavations  and  applicable  thereto,  and  with  all  rules  and  regu¬ 
lations  which  may  be  lawfully  adopted  regarding  the  same,  and  shall 
protect  such  excavation ;  shall  replace  the  said  street,  lane,  alley,  court, 
park  or  other  public  place,  pavement  or  sidewalk,  in  the  same  con¬ 
dition  in  which  it  was  before  such  excavation  or  disturbance,  under 
the  direction  and  control  of  the  duly  appointed  Superintendent  of 
Streets  of  said  Town,  immediately  upon  notice  received  from  the  said 
Superintendent  of  Streets,  and  shall  indemnify  and  save  harmless  the 
Town  of  Montclair,  in  the  County  of  Essex,  from  all  expense  and  lia¬ 
bility  by  reason  of  accidents  and  injuries  consequent  therefrom  arising 
by  reason  of  such  street  opening  or  disturbance,  and  which  may  be 
caused  by  the  fault  or  negligence  of  the  said  licensee,  his  servants 
or  agents. 

Sec.  4.  ,No  person  shall  break,  injure  or  destroy  any  lamp  post 
or  appurtenances  thereon  standing  in  any  public  street  or  place. 

Sec.  5.  No  person  shall  ride  or  drive  any  horse,  mule  or  other 
animal,  or  drive,  guide  or  direct  any  vehicle  of  whatever  nature  or 
by  whatever  motive  power  propelled,  in,  upon,  along  or  through  any 
public  highway,  street,  square,  park  or  place  in  the  Town  of  Mont¬ 
clair,  at  a  rate  of  speed  in  excess  of  ten  miles  an  hour,  or  at  a  rate 
of  speed  in  excess  of  four  miles  an  hour  in  turning  any  corner. 

Sec.  6.  No  person  shall  ride  any  bicycle,  tricycle,  or  similar  ve¬ 
hicle  in  or  through  any  of  the  public  highways,  streets,  squares,  parks 
or  places  within  the  Town  of  Montclair  at  any  time  between  one 
hour  after  sunset,  and  before  sunrise  unless  there  shall  be  attached 
to  the  front  thereof  a  lighted  lamp  of  such  illuminating  power  as 
to  be  plainly  seen  one  hundred  yards  ahead. 


ORDINANCES. 


189 


Sec.  7.  No  person  shall  ride  any  bicycle,  tricycle  or  similar 
vehicle  in  or  through  any  of  the  public  highways,  streets,  squares, 
parks  or  places  in  the  Town  of  Montclair  without  having  attached 
to  the  handle  bar  of  such  machine  a  suitable  alarm  bell  which,  when 
rung,  may  be  heard  at  least  one  hundred  feet  distant,  which  bell  shall 
be  rung  by  the  rider  when  approaching  any  vehicle  or  pedestrian 
being  in  or  upon  such  public  highway,  street,  square,  park  or  place, 
in  such  a  way  as  to  give  full  and  ample  warning  of  such  approaching 
vehicle. 

Sec.  8.  The  Chief  of  Police  may,  in  his  discretion,  upon  any 
special  occasion,  grant  permits  to  any  person  or  persons  to  ride  such 
bicycles,  tricycles  or  other  vehicles  during  a  specified  time  upon  speci¬ 
fied  portions  of  the  public  ways  of  said  town  at  any  rate  of  speed 
and  may  annex  such  other  reasonable  conditions  to  such  permits  as 
he  shall  deem  proper. 

Sec.  9.  No  person  shall  ride  any  bicycle,  tricycle  or  similar  ve¬ 
hicle  upon  any  sidewalk  within  the  limits  of  the  Town  of  Montclair. 

Sec.  10.  The  provisions  of  this  ordinance  shall  not  be  deemed 
to  apply  to  the  use  of  velocipedes  or  other  similar  vehicles  by  chil¬ 
dren  under  ten  (10)  years  of  age;  nor  to  children’s  carriages  or 
vehicles  used  and  occupied  by  invalids  or  persons  deformed  or  crip¬ 
pled  upon  the  sidewalks  of  any  street  or  public  place  within  the 
town. 

Sec.  11.  All  persons  are  forbidden  to  throw  or  deposit  any  rub¬ 
bish  or  refuse  of  any  kind  into  or  upon  any  of  the  sidewalks,  gutters, 
streets,  or  public  places  within  the  Town  of  Montclair. 

Sec.  12.  [As  am’ d  Feb.  16,  1906.]  No  person  shall  place  or  put 
in,  upon  or  over  any  street  or  any  part  thereof,  any  post,  sign,  porch, 
shed  or  awning,  of  any  kind  whatsoever,  except  under  the  permission 
of  the  Town  Council,  under  a  penalty  of  twenty  ($20)  dollars  for 
each  offence.  Each  day’s  delay  in  removing  the  same  after  having 
been  notified  so  to  do,  shall  constitute  a  separate  offense,  and  the  per¬ 
son  so  offending  shall  be  liable  to  a  further  penalty  of  one  dollar  for 
each  day  that  such  delay  shall  continue. 

Sec.  13.  [As  am’d  Feb.  16,  1906.]  No  person  shall  build  or  con¬ 
struct  or  permit  to  be  built  or  constructed  or  continue  or  permit  to 
remain  any  bay  window,  store  window,  or  other  window  or  struc¬ 
ture,  which  shall  extend  into  any  public  street,  under  a  penalty  of 
twenty  ($20)  dollars  for  each  offense.  Each  day’s  delay  in  removing 


190 


ORDINANCES. 


the  same  after  having  been  notified  so  to  do  shall  constitute  a  separate 
offence,  and  the  person  so  offending  shall  be  liable  to  a  further  penalty 
of  one  dollar  for  each  day  of  such  delay,  provided,  however,  that 
the  Council  may,  in  its  discretion,  permit  the  continuance  of  existing 
structures  of  the  character  hereinbefore  mentioned,  upon  special  appli¬ 
cation  to  the  Council  for  such  permit ;  and  provided,  further,  that 
such  permit,  if  given,  shall  be  revocable  at  the  pleasure  of  the  Council. 

Sec.  14.  [As  ant’d  Feb.  16,  1906.]  No  person  shall  build  or  con¬ 
struct,  or  continue  any  areaway  or  cellar  opening  or  entrance  over 
the  line  of  any  public  street,  without  providing  the  same  with  an  iron 
cover  resting  level  with  the  street  when  closed,  nor  build  or  construct 
or  continue  any  such  areaway  cellar  opening  or  entrance  more  than 
three  feet  over  the  line  of  any  public  street,  under  the  penalty  of 
twenty  ($20)  for  each  offense.  Each  day’s  delay  in  removing  the 
same  after  having  been  notified  so  to  do  shall  constitute  a  separate 
offence,  and  the  person  so  offending  shall  be  liable  to  a  further  pen¬ 
alty  of  one  dollar  for  each  day  of  such  delay. 

Sec.  15.  No  person  shall  lead  or  drive  any  horse  or  cattle  or 
drag  or  cause  to  be  dragged  any  wagon,  cart  or  other  vehicle,  over 
or  upon  the  sidewalk  of  any  street  or  public  place  except  to  pass  into 
or  from  a  lot,  yard  or  stable  immediately  adjoining  the  street,  at  a 
point  where  there  is  a  paved  passage  way  or  entrance  from  the  street 
or  public  place  to  such  lot. 

Sec.  16.  No  person  shall  engage  in  the  playing  of  baseball,  cricket 
or  any  game  of  ball  in  any  of  the  streets  of  the  town. 

Sec.  17.  No  person  shall  negligently  or  wilfully  break,  injure  or 
destroy  any  curb,  gutter,  bridge,  stone  or  flagging,  set,  laid  or  fixed 
in  any  public  street  in  the  town. 

Sec.  18.  No  person  shall  ride  any  bicycle,  tricycle  or  other  vehicle 
in  the  manner  commonly  called  coasting,  upon  Bloomfield  avenue  in 
the  Town  of  Montclair,  at  any  point  from  Verona  line  to  Gates 
avenue. 

Sec.  19.  No  person  shall  ride  upon  any  sleigh  or  sled  in  t]ie 
manner  commonly  called  coasting,  upon  any  street  or  avenue  in 
the  Town  of  Montclair,  except  such  as  shall  be  hereafter  designated 
by  the  Council  of  the  Town  of  Montclair,  as  streets  or  avenues  where 
such  coasting  will  be  permitted. 

Sec.  20.  All  owners  or  occupants  of  real  property  within  the 
Town  of  Montclair  are  required  to  keep  the  sidewalks  and  gutters 


ORDINANCES. 


191 


in  front  of  their  premises  in  a  clean  and  orderly  condition. 

Sec.  21.  [As  ant’d  Feb.  16,  1906.]  Each  and  every  person  offend¬ 
ing  against  any  of  the  provisions  of  this  ordinance  in  any  section  or 
clause  thereof  shall,  upon  conviction,  be  subject  to  a  penalty  of  twenty 
($20)  dollars,  except  in  those  cases  where  another  or  further  fine 
or  penalty  is  specifically  mentioned. 

Sec.  22.  All  suits,  prosecutions  and  penalties  for  violations  of 
this  ordinance  shall  be  brought,  had  and  recovered  before  the  Re¬ 
corder  of  this  town. 

Sec.  23.  All  the  ordinances  and  parts  of  ordinances  inconsistent 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Adopted  April  29th,  1901. 


An  Ordinance  to  amend  an  Ordinance  entitled  “An  Ordinance  to  Pre¬ 
vent  Injury  by  Animals  to  Trees  on  the  Streets  and  Highways.” 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  that  an  ordinance  entitled  as  above  set  forth, 
adopted  September  16.  1895,  be  and  the  same  is  hereby  amended 
to  read  as  follows : 

Section  1.  No  person  shall  hitch  or  tie  any  horse,  mule,  cow  or 
other  animal  belonging  to  him  or  her  or  in  his  or  her  possession 
to  any  tree  growing  on  any  of  the  streets  or  highways  within  the 
town  or  on  any  of  the  sidewalks  thereof,  nor  shall  any  person  hitch 
or  tie  any  such  animal  within  such  proximity  to  any  such  tree  as  to 
be  in  reach  of  the  same. 

Sec.  2.  No  person  shall  permit  any  horse,  mule,  cow  or  other 
animal  belonging  to  him  or  her  in  his  or  her  possession,  to  destroy 
or  injure  the  trunk,  bark,  limbs  or  leaves  of  any  tree  growing  on 
any  of  the  streets  or  highways  within  the  town  or  on  any  of  the 
sidewalks  thereof.  The  leaving  of  any  horse,  mule  or  cow  within 
any  public  street,  within  the  Town  of  Montclair  unhitched  or  un¬ 
fastened,  shall  within  the  provisions  of  this  section  be  deemed  per¬ 
mission. 

Sec.  3.  [As  ant’d  Feb  16,  1906.]  Any  person  violating  any  of 
the  provisions  of  this  ordinance  shall  pay  a  penalty  of  ten  dollars  for 


192 


ORDINANCES . 


each  and  every  offense,  and  the  payment  of  such  penalty  shall  not 
be  a  bar  to  any  action  for  damages  for  the  injury  caused,  but  shall 
be  in  addition  thereto. 

Adopted  May  20th,  1901. 


“An  ordinance  to  establish  the  office  of  Comptroller,”  &c.,  adopted 
May  20,  1901,  was  repealed  Feb.  10,  1902. 


An  Ordinance  to  prevent  throwing  Rubbish  upon  the  Streets  or  Vacant  Lots. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows : 

Section  1.  All  persons  are  forbidden  to  throw  rubbish,  refuse,  or 
any  other  material  into  or  upon  any  of  the  sidewalks,  gutters  or  streets 
within  the  town. 

Sec.  2.  All  owners  or  occupants  of  stores  or  other  places  of  busi¬ 
ness  are  required  to  keep  the  sidewalk  and  gutters  in  front  of  their 
premises  in  a  clean  and  orderly  condition. 

Sec.  3.  [As  ant’d  Feb.  16,  1906.]  Any  person  violating  any  of 
the  provisions  of  this  ordinance  shall  pay  a  penalty  of  ten  dollars  for 
the  first  offense  and  a  penalty  of  twenty  dollars  for  each  and  every 
subsequent  offense. 

Adopted  May  24th,  1901. 


An  Ordinance  respecting  licenses  for  traveling  and  other  shows,  circuses, 
theatrical  performances,  plays,  exhibitions  and  concerts  in 
the  Town  of  Montclair. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows : 

Section  1.  [As  ant’d  Feb.  16.  1906.]  No  person  or  persons  shall 


ORDINANCES. 


193 


show  forth  or  exhibit  or  cause  to  be  shown  forth  or  exhibited  in 
any  place  whatever  in  the  Town  of  Montclair,  for  any  price,  gain 
or  reward,  any  beast  or  animal,  menagerie,  or  circus,  or  exhibit  any 
feats  of  activity  or  agility,  nor  exhibit  any  theatrical  performance,  or 
any  such  like  show  or  exhibition  without  first  having  obtained  a 
license  for  that  purpose  as  hereinafter  mentioned,  under  the  penalty 
of  twenty  ($20)  dollars  for  each  and  every  such  offence. 

Sec.  2.  [As  ant’d  Feb.  16,  1906.]  No  owner,  or  occupant,  or 
other  person  or  persons  having  the  possession  or  care  of  any  house, 
building  or  room  or  of  any  lot  of  land  within  the  Town  of  Montclair, 
shall  suffer  or  permit  any  such  show,  exhibition  or  performance  as  is 
mentioned  in  the  preceding  section  to  be  exhibited,  acted,  shown  forth 
or  performed,  for  any  price  or  gain  or  reward  in  or  upon  his,  her  or 
their  building  or  room  or  lot  of  land,  unless  such  owner,  occupant 
or  the  party  or  parties  so  causing  such  show  or  exhibition  or  per¬ 
formance,  as  aforesaid,  shall  first  obtain  such  written  license  in  the 
manner  herein  prescribed,  under  a  penalty  of  twenty  ($20)  dollars 
for  each  and  every  offence. 

Sec.  3.  The  Chairman  of  the  Police  Committee  of  the  Council 
may  in  his  discretion,  on  application  for  that  purpose,  issue  a  license 
in  writing  for  any  such  show,  exhibition  or  performance  as  is  men¬ 
tioned  in  the  first  section  of  this  ordinance  and  shall  designate  the 
license  fee  to  be  paid  for  each  license,  which  shall  not  be  less  than 
three  dollars  or  more  than  one  hundred  dollars  for  each  day  such 
license  shall  continue. 

Sec.  4.  Every  license  so  granted  shall  specify  the  place  of  such 
exhibition  or  performance,  time  or  number  of  days  during  which 
it  may  continue  and  shall  be  countersigned  by  the  Clerk  of  the  Town 
of  Montclair,  upon  the  payment  to  him  of  the  license  fee  and  such 
license  shall  not  take  effect  until  the  license  fee  shall  have  been  so 
paid ;  provided  that  all  entertainments,  the  entire  net  proceeds  of 
which  shall  be  appropriated  to  any  charitable  purpose  or  for  the  ben¬ 
efit  of  any  school  or  church  of  said  town,  shall  be  exempt  from  obtain¬ 
ing  such  license. 

Sec.  5.  That  the  ordinance  entitled  “An  ordinance  respecting 
licenses  for  traveling  and  other  shows,  circuses,  theatrical  perform¬ 
ances,  plays,  exhibitions  and  concerts  in  the  Town  of  Montclair,” 
adopted  May  3d,  1897,  and  all  ordinances  and  parts  of  ordinances 


194 


ORDINANCES. 


inconsistent  with  the  provisions  of  this  ordinance,  be  and  the  same 
are  hereby  repealed. 

Adopted  June  10th,  1901. 


An  Ordinance  to  provide  for  the  removal  of  grass  and  weeds  and  other 
impediments  from  the  sidewalks  and  gutters  of  the  streets 
avenues  and  public  highways  in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

Section  1.  The  owner  or  tenant  of  each  lot,  piece  or  parcel  of 
land  abutting  or  bordering  upon  the  sidewalks  and  gutters  of  the 
public  streets,  avenues  or  highways  shall  remove  all  grass,  weeds  and 
other  impediments  therefrom  within  three  days  after  notice  to  remove 
the  same. 

Sec.  2.  Permitting  any  grass  or  weeds  to  grow  immediately  ad¬ 
joining  any  sidewalk  or  gutter  within  any  public  street,  avenue  or 
highway,  to  a  height  exceeding  twelve  inches,  shall  for  the  purpose 
of  section  one  of  this  ordinance  be  deemed  an  impediment. 

Sec.  3.  Permitting  any  tree  or  shrub  standing  within  the  line 
of  any  street,  avenue  or  highway,  or  upon  lands  adjacent  thereto,  so 
that  the  branches  or  foliage  of  such  tree  or  shrub  comes  within  eight 
(8)  feet,  vertically,  of  any  sidewalk,  upon  any  such  street,  avenue 
or  public  highway,  shall  be  deemed  an  impediment. 

Sec.  4.  [As  (lin’d  Feb.  16,  1906.]  Any  owner  or  tenant  violating 
the  provisions  of  this  ordinance  shall,  upon  conviction,  be  subject  to 
a  penalty  of  five  ($5)  dollars  for  each  offence. 

Sec.  5.  The  Superintendent  of  Streets  shall  cause  to  be  removed 
any  such  impediment  whenever  the  owner  or  tenant  of  any  lot,  piece 
or  parcel  of  land,  after  notice  as  aforesaid,  shall  have  refused  to  cause 
such  removal. 

Sec.  6.  Failure  to  cause  such  removal  within  one  week  after  notice, 
as  aforesaid,  shall,  for  the  purpose  of  this  ordinance,  be  deemed  a 
refusal. 

Sec.  7.  In  the  event  of  the  removal  of  any  such  impediment  by 
the  Superintendent  of  Streets,  as  aforesaid,  the  cost  thereof,  as. nearly 


ORDINANCES. 


195 


as  the  same  can  be  ascertained,  shall  be  charged  upon  the  books  of 
the  Town  of  Montclair,  against  the  lands  abutting  upon  or  bordering 
such  sidewalk  or  gutter  and  the  amount  of  such  cost,  together  with 
interest  thereon,  shall  forthwith  become  a  lien  on  such  lands,  and 
shall  be  added  to  and  form  a  part  of  the  taxes  next  to  be  assessed, 
and  levied  upon  such  lands  and  shall  be  certified  to  the  Collector  of 
Taxes  for  said  town,  and  shall  be  collected  in  the  same  manner  as 
other  taxes. 

Adopted  August  26th,  1901. 


CONTRACT  WITH  WATER  COMPANY. 

This  Indenture,  made  and  entered  into  this  First  day  of  March, 
1898,  between  “The  Montclair  Water  Company,”  a  corporation  organ¬ 
ized  under  the  laws  of  the  State  of  New  Jersey,  and  located  at  the 
Town  of  Montclair,  in  the  County  of  Essex,  in  said  State,  of  the 
first  part;  and  “The  Town  of  Montclair  in  the  County  of  Essex,”  in 
said  State,  of  the  second  part,  witnesseth : 

That  the  said  party  of  the  first  part,  in  consideration  of  the  sum 
of  one  dollar  to  them  in  hand  paid  by  the  said  party  of  the  second 
part,  the  receipt  whereof  is  hereby  acknowledged,  and  of  the  covenants 
and  agreements  to  be  kept  and  performed  by  the  said  party  of  the 
second  part  as  hereinafter  mentioned,  do  hereby,  for  themselves  and 
their  successors,  covenant,  promise  and  agree  to  and  with  the  said 
party  of  the  second  part,  its  successors  and  assigns,  as  follows: 

1.  To  procure  and  furnish  to  the  said  party  of  the  second  part, 
its  successors  and  assigns,  during  the  continuance  of  this  contract, 
a  full,  ample  and  sufficient  supply  of  pure  and  wholesome  water,  equal 
in  wholesomeness  and  purity  to  Pequannock  water  as  now  delivered 
to  the  said  party  of  the  second  part ;  and  that  said  water  shall  be 
delivered  to  consumers  at  a  pressure  of  not  less  than  twenty,  nor 
more  than  one  hundred  pounds  to  the  square  inch ;  but  the  fire  pressure 
shall  not  be  less  than  fifty  pounds  to  the  square  inch.  And  it  is 
further  agreed  that  if  the  party  of  the  first  part  shall  at  any  time 
secure  water  from  more  than  one  source,  which  water  shall  be  the 
property  of  the  party  of  the  first  part,  or  to  which  they  shall  be 


196 


ORDINANCES. 


entitled  under  any  contract  or  arrangement  with  any  other  person  or 
corporation,  and  shall  be  flowing  in  pipes  within  five  miles  of  said 
Town,  that  the  Town  shall  have  the  option  to  have  changed  the 
water  delivered  to  it  under  this  contract  to  such  other  supply  upon 
giving  the  party  of  the  first  part  notice  in  writing.  And  the  party 
of  the  first  part  agrees  to  deliver  the  water  so  selected  within  ninety 
days  of  the  receipt  of  such  notice,  provided  said  ninety  days  shall  fall 
between  April  1st  and  November  1st. 

It  is  understood,  however,  that  so  long  as  the  wells  now  used  in 
Montclair  by  the  party  of  the  first  part  yield  pure  and  wholesome 
water  that  the  said  party  of  the  first  part  may  continue  to  supply  water 
from  the  same  at  its  option. 

2.  It  is  further  agreed  that  the  said  party  of  the  first  part  will 
continue  to  furnish  to  the  party  of  the  second  part  water  from  the 
present  sources  of  supply  of  the  water  now  being  furnished  to  the 
Town  of  Montclair,  viz. :  the  Pequannock  system  and  the  wells  at 
Watchung,  so  long  as  the  same  shall  remain  under  the  control  of 
the  said  party  of  the  first  part,  or  of  The  East  Jersey  Water  Com¬ 
pany  (with  which  Company  said  party  of  the  first  part  has  certain 
contract  relations),  or  so  long  as  the  party  of  the  first  part,  or  the 
said  East  Jersey  Water  Company  shall  own  or  be  entitled  to  receive 
water  from  such  sources,  and  in  case  it  shall  become  necessary  for 
said  party  of  the  first  part  to  furnish  water  from  other  sources,  said 
party  of  the  first  part  shall  give  to  the  party  of  the  second  part  at 
least  twelve  months’  notice  in  writing  of  such  proposed  change,  speci¬ 
fying  the  water  so  to  be  provided,  and  such  notice  shall  be  delivered 
on  the  first  day  of  January,  April,  July  or  October,  and  said  party 
of  the  second  part  shall  have  the  option  of  terminating  this  contract 
at  the  expiration  of  said  twelve  months  from  the  receipt  of  the  notice 
of  such  proposed  change,  provided  written  notice  of  the  intention  of 
said  party  of  the  second  part  to  so  terminate  this  contract  shall  be 
given  to  said  party  of  the  first  part  within  six  months  after  receipt 
of  such  proposed  change. 

And  provided  further,  that  said  party  of  the  second  part  shall 
at  the  same  time  also  pay  to  the  party  of  the  first  part  such  sum 
of  money  as  shall  be  equal  to  four  dollars  per  hydrant  per  annum 
from  December  1st,  1897,  to  the  date  of  the  termination  of  this 
agreement  upon  all  hydrants  now  set,  and  at  the  same  rate  from 
the  date  of  their  installation  upon  those  which  may  hereafter  be  set 


ORDINANCES. 


197 


under  this  contract.  It  being  the  intent  of  this  agreement  that  the 
party  of  the  first  part  shall  receive  thirty  dollars  per  annum  for  each 
and  every  hydrant,  instead  of  twenty-six  dollars,  if  the  party  of  the 
second  part  shall  elect  to  terminate  this  agreement. 

3.  The  said  water  shall  be  furnished  by  the  said  party  of  the 
first  part  to  all  the  inhabitants  of  the  said  Town  upon  the  lines  of 
its  water  mains  who  may  apply  therefor,  upon  the  payment  of  water 
rents,  and  subject  to  reasonable  rules  and  regulations,  which  rules 
and  regulations  shall  be  at  least  as  favorable  to  the  consumers  as 
those  heretofore  prescribed  for  the  like  service,  and  the  rates  shall  not 
exceed  the  following  schedule : 

Dwelling  Houses. 


(When  not  metered.) 

PER 

year 

Occupied  by  one  family,  for  the  first  faucet .  $6.25 

For  each  additional  faucet  or  basin  to  be  used  by  the  same 

family .  2.00 

Where  a  house  is  occupied  by  more  than  one  family,  and  less 
than  four,  one  faucet  only  being  used  by  all,  for  each 

family .  5.50 

When  a  house  is  occupied  by  four  or  more  families  and  but 

one  faucet  is  used  by  all,  for  each  family .  4.50 

Where  a  house  is  occupied  by  more  than  one  family  the  high¬ 
est  rates  will  be  charged  for  each  family  having  the  water 

carried  into  their  parts  of  the  house .  6.25 

One  kitchen  boiler .  1.25 

For  the  first  bath  tub .  5.00 

For  bath  tub  when  used  by  more  than  one  family,  for  each 

family .  4.00 

For  each  additional  bath  tub .  2.50 

Each  pan  or  hopper  water  closet  with  self  regulating  faucet.  .  2.50 

Urinal .  2.50 

One  set  wash  tubs,  not  exceeding  three  tubs .  3.00 

Each  additional  set  wash  tubs .  1.00 


198 


ORDINANCES. 


Where  two  faucets  are  used,  one  for  hot  and  one  for  cold 
water,  both  emptying  into  one  vessel,  but  one  charge 
will  be  made  for  both. 

Private  Stables. 

(When  not  metered.) 


For  each  horse .  $2.50 

For  each  cow .  2.00 

For  one  carriage .  2.50 

For  each  additional  carriage .  1.50 


Special  Rates. 

Special  rates  will  be  given  for  hydrants  in  yards,  Hotels, 
Boarding  Houses,  Public  Stables,  etc.,  and  Business  and 
Factory  Use. 


Use  op  Hose. 

(When  not  metered.) 

Hose  use  is  not  included  in  the  charge  on  houses,  or  for 
domestic  purposes.  The  rate  for  hose  use  will  be,  for 

lot  of  not  over  50  feet,  per  season .  $5.00 

A  further  charge  will  be  made  according  to  additional  area 
sprinkled. 


Meter  Rate. 

Thirty  cents  per  thousand  gallons.  Minimum  meter  rate,  $10.00 
per  annum. 

The  service  pipe  and  fixtures  to  be  under  the  control  and  man¬ 
agement  of,  and  the  said  water  rents  to  be  collected,  and  the  said 
rules  and  regulations  to  be  prescribed  and  enforced  by,  the  said 
party  of  the  first  part. 

4.  Said  party  of  the  first  part  shall  have  the  right  to  furnish 
water  by  meter  measurement  to  any  and  all  consumers,  and  any 


ORDINANCES. 


199 


consumer  may  require  the  water  to  be  so  furnished  to  him  by 
giving  written  notice  to  the  Company. 

5.  The  said  water  shall  be  furnished  by  the  Water  Company 
through  its  street  mains  for  fire  purposes  to  the  fire  hydrants  now 
in  use  and  to  additional  fire  hydrants  to  be  placed  at  an  average 
distance  of  five  hundred  and  twenty  feet  from  existing  hydrants  and 
from  each  other,  on  extensions  of  the  Company’s  mains,  when  such 
extensions  shall  be  ordered  laid  by  the  Town  Council. 

After  three  years  from  the  date  of  this  contract  the  Water  Com¬ 
pany  shall  lay  down  additional  mains  with  hydrants  placed  as  above 
specified  when  directed  so  to  do  by  the  Town  Council.  If  the  Town 
Council  shall  direct  a  hydrant  once  located  by  their  direction  to  be 
changed,  such  change  shall  be  made  at  the  expense  of  the  Town. 

6.  The  hydrants  shall  be  at  all  times  accessible  to  the  Fire  De¬ 
partment  of  said  Town  for  the  purposes  of  extinguishing  fires,  for 
reasonable  practice,  and  for  cleaning  apparatus,  and  for  no  other 
use  or  purpose,  but  due  care  and  caution  shall  at  all  times  be  observed 
in  opening,  using  and  closing  hydrants,  and  no  waste  or  unnecessary 
use  of  water  shall  be  allowed.  When,  after  a  fire,  the  use  of  water 
by  the  Fire  Department  ceases,  notice  shall  be  sent  immediately  to 
the  pumping  station. 

The  compensation  to  be  paid  to  the  Water  Company  for  the  use 
of  water  for  fire  purposes  shall  be  the  annual  sum  of  twenty-six 
dollars  for  each  hydrant  now  set,  and  the  same  rate  per  annum  from 
the  date  of  installation  for  each  additional  hydrant  hereafter  set 
ready  for  use  from  time  to  time,  to  be  paid  on  the  first  days  of 
January,  April,  July  and  October,  for  the  preceding  quarter  year, 
except  as  provided  in  Section  2. 

7.  The  Water  Company  shall  also  furnish  water  on  the  lines 
of  the  street  mains,  within  the  corporate  limits  of  the  Town  of 
Montclair,  under  the  same  regulations  and  control  as  may  be  estab¬ 
lished  by  the  Company  respecting  other  consumers  making  similar 
use  of  the  water,  to  the  Town  Council  Rooms,  Tax  Office,  Fire 
Engine  Houses,  Hose  Houses,  Public  School  Houses,  Police  Offices 
and  any  other  public  buildings  in  use  by  the  Town  for  public  pur¬ 
poses;  also  for  sprinkling  the  streets  and  for  the  sewer  flushing 
tanks,  provided  said  tanks  shall  at  all  times  be  kept  in  condition 
not  to  waste  water,  for  a  sum  equal  to  the  annual  taxes  for  the 
current  year  which  shall  be  assessed  upon  the  franchise  and  real  and 


200 


ORDINANCES. 


personal  property  of  the  Company  actually  used  in  connection  with 
the  business  of  supplying  water  (including  the  real  estate  of  the 
pumphouse  and  standpipe),  payable  annually  on  or  before  December 
15th.  The  Town  Council  shall  co-operate  with  the  Water  Company 
by  directing  and  enforcing  rules  that  no  unnecessary  waste  of  water 
shall  be  allowed  in  any  of  these  uses. 

8.  It  is  agreed  that  a  reasonable  consumption  of  water  by  any 
sewer  flush  tank  shall  not  exceed  four  hundred  and  fifty  gallons 
per  twenty-four  hours.  The  Water  Company  will  furnish  water 
without  charge  other  than  hereinbefore  provided  for  street  sprin¬ 
kling,  within  the  corporate  limits  of  the  Town  of  Montclair,  to 
drivers  of  water  carts  or  to  street  railway  company  sprinklers,  who 
shall  be  licensed  by  the  Town  Council,  without  other  restrictions  on 
the  part  of  the  Water  Company  than  that  they  shall  draw  water  only 
from  standpipes  and  shall  not  open  or  draw  from  fire  hydrants,  and 
that  they  shall  observe  the  rules  and  regulations  made  by  the  Water 
Company  concerning  the  waste  of  water  and  its  use  for  other  pur¬ 
poses  than  street  sprinkling. 

The  Water  Company  reserves  the  right  to  refuse  water  to  any 
such  person,  or  driver,  or  street  railway  company,  who  is  found  to 
disobey  its  rules  and  regulations,  or  who  shall  draw  water  for  pur¬ 
poses  other  than  street  sprinkling,  or  use  it  in  a  wasteful  manner,  or 
use  it  outside  the  corporate  limits  of  the  Town  of  Montclair;  and 
it  is  understood  and  agreed  that  the  Water  Company  may  furnish 
water  to  adjacent  communities  and  customers  through  the  mains  now 
laid  or  to  be  laid. 

9.  It  is  further  agreed  that  standpipes  shall  be  erected  as  directed 
by  the  Town  Council,  from  which  water  is  to  be  drawn  for  street 
sprinkling,  and  that  the  cost  of  providing  and  erecting  such  stand¬ 
pipes  shall  be  borne  by  the  party  of  the  second  part. 

10.  And  this  indenture  further  witnesseth,  that  the  said  party  of 
the  second  part,  in  consideration  of  the  above,  for  itself  and  its  suc¬ 
cessors,  doth  hereby  covenant,  promise  and  agree  to  and  with  the 
said  party  of  the  first  part,  their  successors  and  assigns,  to  pay  there¬ 
for  the  said  several  moneys  so  to  become  due  to  them  as  aforesaid, 
whether  as  the  price  of  water  so  to  be  furnished  to  said  hydrants, 
or  for  other  purposes  herein  specified ;  and  furthermore  to  do  all  and 
every  such  act  or  acts  hereinbefore  required  to  be  done  by  the  party 


ORDINANCES. 


201 


of  the  second  part  or  its  Town  Council,  without  unnecessary  delay, 
when  called  upon  by  the  said  party  of  the  first  part  to  do  the  same. 

11.  In  case  of  dispute  between  the  parties  hereto  in  regard  to 
any  of  the  provisions  of  this  contract,  it  is  agreed  that  the  same  shall 
be  settled  by  arbitration,  one  arbitrator  being  named  by  the  Town 
Council,  one  by  the  Water  Company,  and  a  third  to  be  selected  by 
the  two  so  chosen,  and  the  decision  of  a  majority  of  these  arbitrators 
shall  be  final. 

12.  This  contract  shall  be  in  force  for  the  period  of  fifteen  years 
from  and  after  the  first  day  of  December  in  the  year  eighteen  hun¬ 
dred  and  ninety-seven,  unless  sooner  terminated  as  provided  in  Section 
2,  and  shall  extend  to  and  be  obligatory  upon  the  parties  hereto  and 
their  successors  and  assigns  respectively. 

This  contract  is  made  pursuant  to  an  act  entitled  “An  act  to 
authorize  any  of  the  municipal  corporations  of  this  State  to  contract 
for  a  supply  or  a  further  or  other  supply  of  water  therefor,”  approved 
April  2d,  1888. 

In  witness  whereof  the  Town  Council  of  the  said  Town  of  Mont¬ 
clair,  in  the  County  of  Essex,  have  caused  the  common  seal  of  the 
said  municipal  corporation  to  be  hereto  affixed,  and  this  contract  to 
be  signed  by  their  chairman  and  the  Town  Clerk,  and  the  said  The 
Montclair  Water  Company  have  caused  their  common  seal  to  be 
hereto  affixed  and  this  contract  to  be  signed  by  their  President  and 
Secretary. 

JOHN  H.  PARSONS, 
Chairman  of  the  Council  of  the 
[Seal]  Town  of  Montclair. 

Attest : 

Harry  Trippett, 
Town  Clerk. 

W.  G.  SNOW, 

[  Seal  |  President. 

Attest : 

Albert  P.  Fisher, 

Secretary. 


202 


ORDINANCES. 


An  Ordinance  to  Establish  Rules  and  Regulations  for  the  Management  and 
Use  of  the  Public  Sewers,  Drains  and  Appurtenances  and  Connections 
i  Therewith. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows : 

Section  1.  All  owners  of  property  along  the  line  of  any  sewers 
constructed  for  the  purpose  of  carrying  off  sewage  matter  in  any 
of  the  streets  of  this  town  shall  connect  their  houses  and  other  build¬ 
ings  with  the  sewer  in  the  street  adjoining  said  property,  within  thirty 
days  after  receiving  notice  to  make  such  connections  from  the  local 
Board  of  Health;  said  notice  to  be  served  by  delivering  the  same  to 
the  owner  of  said  property,  or  by  leaving  the  same  at  the  residence 
of  the  owner  with  a  member  of  the  family  above  the  age  of  fourteen 
years,  and  explaining  the  contents  thereof ;  or,  in  case  of  a  non¬ 
resident  owner,  by  serving  the  same  upon  the  resident  agent,  if  any, 
and  by  mailing  the  same  by  registered  letter  to  the  owner’s  last  known 
post  office  address. 

i  Sec.  2.  Before  any  building  or  premises  shall  be  connected  with 
a  public  sewer  the  owner  thereof  must  obtain  a  written  permit  from 
the  Superintendent  of  Roads  and  Sewers  authorizing  such  connection 
to  be  made;  but  such  permits  shall  be  issued  to  only  those  owners 
who  present  a  written  certificate  from  the  local  Board  of  Health,  or 
its  authorized  agent,  that  the  plumbing  of  said  building  has  been  in¬ 
spected  by  them  and  approved  for  sewer  connection. 

Sec.  3.  Every  application  shall  be  signed  by  the  owner  of  the 
building  or  premises,  or  by  his  or  her  authorized  agent;  shall  state 
the  name  and  address  of  the  owner  and  applicant;  describe  buildings 
sufficiently  to  identify  the  same,  and  specify  by  ground  plan  or  other¬ 
wise  the  point  or  points  in  the  wall  of  the  building  where  it  is  desired 
that  the  connections  shall  be  made ;  shall  state  the  name  and  business 
address  of  the  contractor  who  is  to  do  the  work  of  making  the  con¬ 
nection,  and  no  other  person  than  the  one  named  shall  do  the  work 
under  penalty  fixed  for  violations  of  the  provisions  of  this  ordinance. 

Sec.  4.  The  Committee  on  Roads  and  Sewers  appointed  by  the 
Town  Council  shall  be  the  agents  of  the  town  as  to  matters  falling 
under  the  operation  of  this  ordinance,  and  shall  appoint  and  employ 
the  necessary  inspectors  and  exercise  the  power  hereinafter  mentioned 


ORDINANCES. 


203 


in  the  name  and  subject  to  the  approval  and  ratification  of  the  Town 
Council. 

Sec.  5.  The  Superintendent  of  Roads  and  Sewers  shall  report  to 
the  Committee  on  Roads  and  Sewers  upon  the  applications  filed  with 
him  as  nearly  as  possible  in  the  order  in  which  they  are  received, 
and  the  Committee  may  return  any  application  for  correction  in  form 
or  substance,  or  for  any  other  reason  satisfactory  to  them,  may  sus¬ 
pend  action  on  or  reject  any  application  and  shall  grant  permits  in 
proper  cases.  The  agents  and  employees  of  the  Committee  on  Roads 
and  Sewers  shall  have  the  right  to  enter  the  buildings  or  premises 
mentioned  in  any  application  whenever  necessary  to  examine  the  same 
or  to  supervise  any  work  thereon. 

Sec.  6.  Every  permit  shall  be  signed  by  the  Chairman  of  the 
Committee  on  Roads  and  Sewers,  and  shall  be  issued  by  the  Super¬ 
intendent  of  Roads  and  Sewers  upon  the  receipt  by  him  of  five  dollars 
inspection  fee  for  each  building  or  premises,  to  cover  the  cost  of 
supervision  of  the  work,  and  it  shall  be  his  duty  to  keep  a  record  of 
the  permits  so  issued.  The  Committee  on  Roads  and  Sewers  may, 
for  satisfactory  causes,  revoke  a  permit.  Every  application  and  permit 
shall  be  subject  to  the  regulations  and  conditions  created  and  imposed 
by  this  ordinance,  and  no  applicant  or  person  to  whom  a  permit  shall 
be  granted,  or  his  or  her  successors  in  interest,  shall  have  the  right 
to  claim  or  demand  any  damages  against  the  Town  of  Montclair,  its 
agents  and  servants,  in  consequence  of  the  refusal  or  revocation  of  a 
permit  or  of  delay  in  acting  on  any  application  or  because  of  the 
cutting  off  of  a  connection  under  the  provisions  of  this  ordinance. 

Sec.  7.  All  connections  shall  be  made  at  the  cost  of  the  owner, 
under  the  supervision  and  subject  to  the  inspection  and  approval  of 
the  Superintendent  of  Roads  and  Sewers. 

Sec.  8.  No  permit  shall  be  granted  under  the  provisions  of  this 
ordinance  unless  the  contractor  named  in  the  application  as  the  person 
who  is  to  do  the  work  shall  have  deposited  with  the  Town  Treasurer 
the  sum  of  ten  dollars  and  shall  have  filed  with  the  Town  a  bond  in 
the  sum  of  one  thousand  dollars,  conditioned  for  a  compliance  with 
all  the  provisions  and  conditions  of  this  ordinance  in  the  prosecution 
of  all  the  work  done  by  him  under  permits  granted  pursuant  to  this 
ordinance,  and  also  providing  for  indemnity  from  all  damages  arising 
in  consequence  of  the  prosecuting  of  the  work.  All  pavements, 
macadam  and  flagging  or  board  walks,  which  it  may  be  necessary  to 


204 


ORDINANCES. 


remove  or  disturb  in  connecting  any  building  or  premises  with  the 
public  sewer,  shall  be  at  once  restored  by  the  contractor  without  ex¬ 
pense  to  the  town,  to  as  good  condition  as  before  removal  or  dis¬ 
turbance. 

Sec.  9.  The  Committee  on  Roads  and  Sewers  may  maintain  an 
action  in  the  corporate  name  of  the  Town  of  Montclair  against  the 
owner  to  recover  any  payment  that  shall  become  due,  or  to  enforce 
any  of  the  regulations  under  this  ordinance. 

Sec.  10.  No  permit  shall  be  granted  to  connect  any  cesspool  or 
privy  vault  with  the  public  sewer. 

Sec.  11.  No  rainwater  leader  or  pipe  for  the  drainage  of  any 
cellar,  or  for  the  conveyance  of  storm  water  or  surface  water  shall 
be  connected  directly  or  indirectly  with  the  sewer,  but  where  under¬ 
drains  exist  beneath  the  public  sewer  permits  for  connecting  cellar 
drainage,  received  only  through  agricultural  tile  laid  about  the  walls 
or  foundation  of  the  building,  may  under  proper  restrictions,  be  issued. 

Sec.  12.  Any  person  who  shall  make  a  connection  with  the  public 
sewer  contrary  to  the  provisions  of  this  ordinance  or  shall  violate  any 
of  its  provisions,  shall  upon  conviction  thereof,  forfeit  and  pay  a 
fine  of  twenty  dollars  for  each  offence,  to  be  imposed  and  collected 
as  provided  by  law  for  the  imposition  and  collection  of  penalties  for 
the  violation  of  ordinances  of  the  town. 

Sec.  13.  All  ordinances  or  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Adopted  May  11,  1903. 


An  Ordinance  to  Prohibit  Picking,  Breaking  and  Destroying  Flowers,  Shrubs, 
Bushes  and  Trees  in  Public  Parks  in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows : 

Section  1.  No  person  shall  pick,  break,  mutilate  or  destroy  any 
flower,  shrub,  bush  or  tree  in  any  public  park  now  existing  or  which 
may  hereafter  be  established  within  the  limits  of  the  said  town, 
whether  such  park  shall  be  under  the  care,  custody  or  control  of  the 


ORDINANCES. 


205 


town  authorities  of  the  said  town  or  of  the  Essex  County  Park  Com¬ 
mission  or  otherwise. 

Sec.  2.  Every  person  who  offends  against  any  provision  of  this 
ordinance  shall  be  liable  to  a  fine  of  ten  dollars  for  each  offence. 

Adopted  June  22nd,  1903. 


An  Ordinance  to  License  and  Regulate  Carriages  and  Vehicles  Used  for  the 
Transportation  of  Passengers  in  the  Town  of  Montclair  and  the  Owners 
and  Drivers  Thereof. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows: 

Section  1.  No  person  shall  drive,  keep  or  use  for  hire  or  wages, 
or  cause  to  be  driven,  kept  or  used  for  hire  or  wages,  any  public 
hack,  cab  or  other  vehicle  for  the  transportation  of  passengers  within 
the  limits  of  the  Town  of  Montclair,  in  the  County  of  Essex,  without 
having  a  license  therefor  according  to  the  provisions  of  this  ordinance, 
under  penalty  of  Ten  Dollars  for  each  and  every  offense. 

Sec.  2.  Every  applicant  for  such  license  shall  pay  to  the  Town 
Clerk,  for  the  use  of  the  town,  a  fee  for  granting  such  license,  as 
follows : 

For  each  hack,  cab  or  other  vehicle,  Five  Dollars  per  year;  and  for 
each  driver  of  a  hack,  cab,  or  other  vehicle,  other  than  the  owner 
thereof,  One  Dollar  per  year. 

Every  applicant  as  owner  must  be  at  least  twenty-one  years  of 
age  and  every  applicant  for  a  driver’s  license  must  be  at  least  eighteen 
years  of  age,  and  all  applicants  shall  be  resident  of  the  said  Town  of 
Montclair,  and  of  good  moral  character.  If  the  application  is  for 
a  license  to  keep  for  use  or  hire  a  hack,  cab  or  other  vehicle,  the  appli¬ 
cant  shall  be  the  owner  of  a  good  vehicle  of  the  kind  for  which  a 
license  is  desired,  and  of  a  good  horse  or  horses  sufficient  and  proper 
for  use  therewith,  and  no  licenses  shall  be  granted  except  upon  the 
recommendation  of  the  Police  Committee  of  the  Town  Council  of 
said  town. 

Sec.  3.  Every  license  granted  under  this  ordinance  shall  state  the 
object  for  which  it  is  granted,  the  name  of  the  person  licensed,  the 


206 


ORDINANCES. 


number  of  the  license  and  the  date  of  its  expiration,  which  shall  be 
the  30th  day  of  April  next  following  the  date  of  issue  thereof.  The 
Town  Clerk  shall  keep  a  register  of  all  licenses  granted,  showing 
the  number  and  date  of  each  license,  and  the  name  of  each  person 
licensed. 

Sec.  4.  Any  license  granted  under  this  ordinance  may  be  suspended 
or  revoked  by  the  Town  Council  on  good  cause  appearing  to  them 
for  so  doing,  and  during  such  suspension,  or  after  such  revocation, 
such  license  shall  be  inoperative  and  of  no  effect. 

Sec.  5.  The  prices  which  may  be  charged  by  the  owners  or  drivers 
of  hacks,  cabs  and  other  licensed  vehicles  under  this  ordinance  shall 
be  as  follows : 

For  conveying  each  passenger  from  the  railroad  stations  of  any 
point  south  of  Watchung  avenue  to  another  point  in  Montclair  south 
of  Watchung  avenue,  twenty-five  cents,  except  that  fifty  cents  may 
be  charged  for  conveying  each  passenger  from  a  railroad  station  to 
any  point  on  Upper  Mountain  avenue  north  of  Berkeley  place,  to 
any  part  of  Highland  avenue  or  Undercliff  road  or  to  any  point  north 
of  Watchung  avenue.  For  conveying  each  passenger  from  railroad 
stations  or  any  other  point  north  of  Watchung  avenue  to  another 
point  north  of  Watchung  avenue,  twenty-five  cents;  and  to  any  point 
south  of  Watchung  avenue,  fifty  cents.  Between  the  hours  of  10  p.  m. 
and  6  a.  m.  these  prices  may  be  doubled. 

Each  passenger  shall  be  allowed  to  have  carried  upon  such  hack, 
cab  or  conveyance,  his  ordinary  traveling  baggage,  for  which  the 
charge  shall  be :  For  one  trunk  and  twenty-five  pounds  of  other  bag¬ 
gage,  not  exceeding  in  the  whole  one  hundred  pounds,  twenty-five 
cents,  and  for  every  additional  trunk  or  other  article  in  excess  of 
one  hundred  pounds,  twenty-five  cents. 

Sec.  6.  Every  person  to  whom  a  license  to  keep  for  use  or  hire 
any  vehicle,  shall  be  issued,  shall  cause  the  number  of  such  license 
to  be  displayed  in  plain  figures  in  a  conspicuous  place  on  each  vehicle 
so  licensed,  and  kept  there  continuously  while  such  vehicle  is  in  use, 
and  on  a  lamp  to  be  carried  on  each  side  of  such  conveyance,  which 
lamps  shall  be  kept  lighted  from  one  hour  after  sunset  until  one  hour 
before  sunrise.  He  shall  also  cause  to  be  fixed  in  every  hack  or  other 
licensed  vehicle  for  the  transportation  of  passengers,  so  that  it  can 
be  conveniently  read  by  every  person  therein,  a  card  containing  the 
name  of  the  owner  of  the  vehicle,  the  number  of  his  license  and  the 


ORDINANCES. 


207 


rates  of  fare  established  by  this  ordinance,  and  also  a  copy  of  this 
ordinance  plainly  printed  in  good  type  upon  cardboard  or  heavy  paper. 
A  copy  of  said  ordinance,  so  prepared,  shall  be  furnished  to  each 
licensee  by  the  Town  Clerk. 

Every  driver  of  such  vehicle  shall,  when  required  to  do  so  by  a 
passenger,  exhibit  to  each  passenger  a  true  copy  of  this  ordinance. 
Every  driver  of  a  hack  or  other  licensed  vehicle  shall  also  display  the 
number  of  his  license  conspicuously  upon  his  hat  or  cap,  or  outer  coat. 

Sec.  7.  [As  am’d.]  No  driver  of  any  hack  or  other  licensed 
vehicle,  shall  stand  or  move  his  horses  to  solicit  patronage  at  any 
railroad  stations  or  places  of  public  assemblage  or  entertainment,  ex¬ 
cept  in  such  places  as  shall  be  designated  by  the  Police  Committee  of 
the  Town  Council,  and  approved  by  the  Council.  No  owner  or  driver 
of  any  hack,  cab  or  other  licensed  vehicle  shall,  while  waiting  for 
employment,  or  otherwise,  solicit  custom  in  any  noisy,  persistent  or 
offensive  manner,  or  use  indecent  or  profane  language,  or  be  guilty 
of  boisterous  talking  or  shouting,  or  any  disorderly  conduct,  or  vex 
or  annoy  travelers  or  citizens  or  at  any  time  employ  any  other  person 
to  ask  or  solicit  travelers  or  citizens  for  employment.  No  owner  or 
driver  of  any  licensed  vehicle,  the  same  being  disengaged,  shall  refuse 
to  carry  any  orderly  person  and  his  baggage,  as  designated  in  this 
ordinance,  to  any  place  in  the  Town  of  Montclair,  nor  shall  extort  or 
demand  any  sum  for  so  doing,  other  than  he  is  entitled  to  receive 
by  Section  5  of  this  ordinance;  and  every  hackman,  being  engaged, 
shall  display  in  a  conspicuous  place  on  his  hack,  a  placard  bearing  the 
word  “Engaged,”  said  cards  to  be  furnished  by  the  Town  Clerk. 

Sec.  8.  It  shall  be  the  duty  of  the  Police  Committee  of  the  Town 
Council  to  inspect  the  vehicles  and  horses  of  all  applicants  for  licenses, 
and  of  all  licensees  under  this  ordinance,  from  time  to  time,  and  to 
report  thereon  to  the  Town  Council;  said  committee  is  hereby  author¬ 
ized,  subject  to  approval  by  the  Town  Council,  to  designate  such  places 
within  the  town  as  public  stands  for  hacks,  cabs  and  other  licensed 
vehicles  as  they  may  deem  expedient  and  proper,  and  to  make  such 
regulations  and  give  such  directions  respecting  the  places  or  positions 
to  be  occupied  by  carriages  or  vehicles  of  any  description  at  the  public 
stands,  or  at  the  railroad  stations,  or  elsewhere,  as  may  be  necessary 
to  preserve  order,  and  promote  public  convenience.  And  no  convey¬ 
ance  which  is  not  eligible  for  business  on  call  shall  stand  at  any  of  said 
public  stands  so  designated. 


208 


ORDINANCES. 


Sec.  9.  [As  ant’d.]  Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall  be  subject  to  a  penalty  of  Ten  Dollars  for 
each  offence. 

Sec.  10.  An  ordinance  concerning  licenses  to  hackmen  and  others, 
approved  December  29,  1890,  and  an  ordinance  to  amend  an  ordinance 
concerning  licenses  to  hackmen  and  others,  adopted  October  7,  1895, 
are  hereby  repealed ;  provided,  however,  that  all  licenses  heretofore 
issued  and  now  in  force  shall  continue  in  full  force  until  the  date  of 
their  expiration,  unless  sooner  suspended  or  revoked  for  cause. 

An  additional  section : 

Sec.  11.  No  person  having  a  license  under  the  said  ordinance  shall 
drive  any  vehicle  owned  or  driven  by  him  in  a  reckless  manner,  or 
at  a  higher  rate  of  speed  than  six  miles  per  hour.  Every  person  so 
offending  shall,  in  addition  to  suffering  the  penalty  provided  for  a 
violation  of  this  ordinance,  be  liable  to  a  revocation  of  his  license  by 
the  Council. 

As  amended  to  February  16th,  1906. 


An  Ordinance  Providing  for  the  Licensing  of  Dogs. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows: 

Section  1.  Every  person  who  owns,  harbors  or  possesses  one  or 
more  dogs,  within  the  limits  of  the  Town  of  Montclair,  shall  procure 
a  yearly  license  for  each  dog,  and  shall  pay  the  sum  of  one  dollar  as 
a  license  fee  for  every  male  dog,  and  the  sum  of  three  dollars  as  a 
license  fee  for  every  female  dog,  to  be  paid  and  collected  as  here¬ 
inafter  provided. 

Sec.  2.  Every  person  who  harbors  or  possesses  any  dog  for  a 
period  of  fifteen  days  or  more  shall  for  the  purposes  of  this  ordinance 
be  deemed  to  be  the  owner  of  the  dog  or  dogs  so  harbored  or  possessed. 

Sec.  3.  The  owner  of  every  dog  shall  pay  the  said  license  fee 
to  the  Town  Clerk  on  or  before  the  first  day  of  April  in  each  year. 
The  Town  Clerk,  upon  payment  to  him  of  the  said  license  fee  shall 


ORDINANCES. 


209 


thereupon  issue  to  each  person  paying  such  license  fee  a  license  for 
the  keeping  of  such  dog,  which  license  shall  contain  the  name  and 
address  of  the  owner  of  such  dog,  a  short  description  of  the  dog, 
indicating  breed,  sex  and  markings,  and  also  the  number  of  such 
license,  and  shall  bear  the  signature  of  the  Town  Clerk.  The  said 
license  shall  expire  on  the  first  day  of  April  in  the  year  following  the 
granting  of  such  license.  The  Town  Clerk  shall  also  issue,  together 
with  the  said  license,  a  numbered  metal  tag,  which  tag  shall  be,  by 
the  owner,  securely  fixed  or  fastened  to  a  strap  or  collar,  to  be  worn 
around  the  neck  of  the  dog  so  licensed,  and  which  tag  shall  have 
stamped  thereon  the  words  “Licensed  Dog,  Montclair,  N.  J.,”  with 
the  year  for  which  issued.  The  tag  for  a  female  dog  should  have 
stamped  on  it  the  words  “Licensed  Female  Dog,  Montclair,  N.  J.,” 
and  the  year  for  which  issued.  Duplicate  tags  shall  be  issued  only 
on  proof  in  writing  of  the  owner  or  a  member  of  the  household  above 
the  age  of  fourteen  years,  satisfactory  to  the  Town  Clerk,  of  the 
loss  of  the  original  tag,  and  on  payment  to  the  Town  Clerk  of  the 
sum  of  twenty-five  cents. 

Sec.  4.  [As  ant’d  Feb.  16,  1906.]  Every  owner  of  any  dog,  within 
the  said  town,  who  shall  neglect  or  refuse  to  cause  such  dog  to  be 
licensed  in  the  manner  herein  provided  on  or  before  the  first  day  in 
April,  in  each  year,  shall  be  deemed  guilty  of  a  violation  of  this  ordi¬ 
nance,  and  upon  conviction  thereof  shall  forfeit  and  pay  a  penalty  of 
five  dollars  for  each  and  every  offence,  provided,  however,  that  any 
owner  of  a  dog  bringing  such  dog  into  the  Town  of  Montclair  in 
any  year  who  shall  cause  the  same  to  be  licensed  within  fifteen  days 
thereafter,  shall  be  taken  and  deemed  to  have  complied  with  this  ordi¬ 
nance  in  respect  thereto. 

Sec.  5.  [As  ant’d  Feb.  16,  1906.]  Any  owner  who  shall  suffer  an 
unlicensed  dog  to  run  at  large,  or  who  shall  suffer  any  dog,  whether 
licensed  or  not,  to  run  at  large  without  the  tag  herein  provided  for, 
or  shall  cause  or  permit  any  unlicensed  dog  to  wear  such  tag,  shall 
upon  conviction  thereof  pay  a  penalty  of  ten  dollars  for  each  and 
every  offence. 

Sec.  6.  Any  dog  or  dogs  not  licensed,  pursuant  to  the  provisions 
of  this  ordinance,  shall  be  subject  to  seizure  by  any  person  appointed 
for  that  purpose  by  the  Town  Council,  and  if  not  redeemed,  as  here¬ 
inafter  provided,  within  forty-eight  hours  after  being  seized,  may  be 
killed  or  otherwise  disposed  of,  and  any  dog  that  shall  not  have  se- 


210 


ORDINANCES. 


curely  fixed  or  fastened  as  aforesaid  the  tag  issued,  with  the  license 
for  such  dog  shall  be  deemed  to  be  unlicensed  and  subject  to  seizure. 

Sec.  7.  Any  owner  of  a  dog  which  may  have  been  seized  under 
the  provisions  of  this  ordinance  shall,  upon  establishing  ownership 
thereof,  to  the  satisfaction  of  the  Town  Clerk,  as  provided  by  section 
three  of  this  ordinance,  be  entitled  to  reclaim  or  redeem  such  dog, 
upon  payment  to  the  Town  Clerk  of  the  sum  of  two  ($2)  dollars, 
which  sum  shall  be  for  the  use  of  the  town ;  provided,  however,  that 
such  claim  shall  be  made  and  established  by  such  owner  before  the 
dog  shall  have  been  killed  or  otherwise  disposed  of,  as  provided  in 
the  preceding  section  hereof,  and  provided  further  that  the  owner  of 
any  dog  which  shall  have  been  licensed,  pursuant  to  the  provisions  of 
this  ordinance,  and  which  shall  have  been  seized,  because  of  the  failure 
of  the  owner  to  have  securely  fixed  or  fastened  to  a  strap  or  collar, 
around  the  neck  of  the  dog  so  licensed,  the  tag  provided  for  in 
section  three  of  this  ordinance,  may  reclaim  or  redeem  such  dog, 
upon  payment  to  the  Town  Clerk,  for  the  use  of  the  town,  of  the 
sum  of  one  ($1)  dollar;  but  such  redemption  shall  not  release  or 
discharge  the  owner  from  the  penalty  provided  by  section  five  hereof. 

Sec.  8.  The  Town  Council  shall  by  resolution  appoint,  at  such 
times  and  for  such  terms  as  may  from  time  to  time  seem  expedient, 
one  or  more  persons  as  dog  catchers,  whose  duty  it  shall  be  to  seize 
and  impound  all  dogs  found  being  kept  or  harbored  or  running  at 
large  and  liable  to  seizure  under  the  provisions  of  this  ordinance,  and 
to  put  to  death,  or  cause  to  be  put  to  death  as  humanely  as  possible, 
and  to  be  removed  from  town  or  buried,  all  such  dogs  not  redeemed 
in  accordance  with  the  provisions  hereof.  The  compensation  of  such 
dog  catcher  or  dog  catchers  shall  be  the  sum  of  one  ($1)  dollar  for 
each  dog  lawfully  so  seized  and  impounded,  and  a  further  sum  of 
twenty-five  cents  for  each  dog  properly  put  to  death  and  removed 
from  town  or  buried  in  the  performance  of  his  or  their  duty. 

Sec.  9.  [As  ant’d  Feb.  16,  1906.]  Any  person  or  persons  who 
shall  hinder,  interfere  with  or  molest  any  person  appointed  as  dog 
catcher,  or  any  assistant  employed  by  him,  or  any  officer  of  the 
Town  in  the  performance  of  any  duty  enjoined  by  this  ordinance, 
shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  twenty 
dollars  for  every  such  offence. 

Sec.  10.  An  ordinance  entitled  “An  Ordinance  Providing  for  Li¬ 
censing  of  Dogs,”  adopted  October  28,  1901,  and  all  ordinances  and 


ORDINANCES. 


211 


parts  of  ordinances  inconsistent  with  the  provisions  of  this  ordinance, 
are  hereby  repealed. 

Adopted  March  28,  1904. 


An  Ordinance  to  Establish  Fire  Limits  Within  the  Town  of  Montclair  and 
to  Provide  for  the  Proper  Enforcement  Thereof. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair  in  the 
County  of  Essex,  as  follows : 

Section  1.  Hereafter  there  shall  not  be  built  or  erected  within 
the  Town  of  Montclair,  in  the  County  of  Essex,  within  the  limits 
hereinafter  specifically  designated,  any  frame  building  or  wooden 
building,  in  whole  or  in  part,  nor  any  building  unless  the  outside 
walls  thereof  shall  be  at  least  eight  inches  thick;  provided,  however, 
that  the  Town  Council  may,  by  resolution  passed  by  a  three-fourths 
vote  of  all  the  members  thereof,  permit  frame  or  wooden  or  partly 
frame  or  wooden  buildings  to  be  erected  within  the  said  limits  when 
the  circumstances  of  the  particular  case  or  cases  in  their  judgment 
require  such  exception.  The  fire  limits  herein  established  are  as  fol¬ 
lows,  to  wit : 

Beginning  at  the  southeasterly  corner  of  Bloomfield  avenue  and 
St.  Luke’s  place,  running  thence  southerly  along  the  easterly  line  of 
St.  Luke’s  place  to  a  point  distant  150  feet  southwesterly  from  the 
southerly  line  of  Bloomfield  avenue  measured  at  right  angles  thereto ; 
thence  along  a  line  parallel  to  Bloomfield  avenue  to  the  westerly  line 
of  Orange  avenue;  thence  along  the  westerly  line  of  Orange  avenue 
to  the  northerly  line  of  Hillside  avenue ;  thence  easterly  in  a  straight 
line  crossing  Orange  avenue  and  Valley  road  to  the  northeast  corner 
of  Valley  road  and  Church  street;  thence  along  the  northerly  side 
of  Church  street  100  feet;  thence  northerly  parallel  to  Valley  road 
to  a  point  150  feet  southerly  from  the  southerly  side  of  Bloomfield 
avenue  measured  at  right  angles  thereto;  thence  southeasterly  parallel 
with  Bloomfield  avenue  to  the  intersection  of  this  line  with  the  north¬ 
erly  side  of  Church  street ;  thence  southwesterly  crossing  Church 
street  to  a  point  150  feet  south  of  southerly  line  of  Church  street 
measured  at  right  angles  thereto ;  thence  easterly  parallel  with  Church 


212 


ORDINANCES. 


street  to  the  westerly  side  of  South  Fullerton  avenue;  thence  along 
said  westerly  side  of  South  Fullerton  avenue  180  feet  southerly; 
thence  easterly  across  said  avenue  and  at  right  angles  thereto  to  a 
point  150  feet  east  of  the  easterly  line  of  said  avenue  measured  at 
right  angles  thereto;  thence  northerly  parallel  to  South  Fullerton 
avenue  to  a  point  150  feet  from  the  south  side  of  Bloomfield  avenue 
measured  at  right  angles  thereto;  thence  southeasterly  parallel  with 
Bloomfield  avenue  to  the  line  of  Glen  Ridge  Borough;  thence 
along  said  line  northerly  to  a  point  150  feet  north  of  Bloomfield 
avenue  measured  at  right  angles  thereto;  thence  northwesterly  parallel 
with  Bloomfield  avenue  to  a  point  150  feet  east  of  the  easterly  line 
of  Grove  street ;  thence  northerly  parallel  with  Grove  street  to  the 
southerly  line  of  the  property  of  the  D.,  L.  &  W.  Railroad ;  thence 
westerly  along  said  railroad  line  to  the  easterly  line  of  Grove  street ; 
thence  northerly  along  the  last  mentioned  line  to  a  point  distant  150 
feet  northerly  from  Glen  Ridge  avenue  measured  at  right  angles 
thereto ;  thence  northwesterly  along  a  line  parallel  to  Glenridge  avenue 
and  distant  150  feet  at  right  angles  therefrom  until  said  line  intersects 
a  line  drawn  parallel  to  Bloomfield  avenue  and  distant  150  feet 
northerly  therefrom ;  thence  along  a  line  parallel  to  Bloomfield  avenue 
and  distant  150  feet  northerly  therefrom  measured  at  right  angles 
to  said  avenue,  to  the  westerly  side  of  Park  street;  thence  northerly 
to  the  southerly  line  of  Portland  place;  thence  westerly  along  said  line 
of  Portland  place  and  the  continuation  thereof  in  a  straight  line  to 
the  easterly  side  of  Bell  street ;  thence  southerly  along  said  easterly 
side  of  Bell  street  to  a  point  150  feet  from  Bloomfield  avenue  measured 
at  right  angles  thereto;  thence  northwesterly  parallel  to  Bloomfield 
avenue  and  150  feet  therefrom  to  the  easterly  line  of  the  property  of 
Daniel  V.  Harrison;  thence  in  a  straight  line  to  the  southeasterly 
corner  of  St.  Luke’s  place  and  Bloomfield  avenue,  the  point  of  be¬ 
ginning. 

Beginning  at  the  southerly  side  of  Walnut  street  150  feet  westerly 
from  Forest  street;  thence  southerly  parallel  with  Forest  street  to  a 
point  that  would  be  intersected  by  a  line  drawn  parallel  to  and  125 
feet  southerly  at  right  angles  from  the  southerly  side  of  Walnut  street 
as  laid  out  east  of  Forest  street ;  thence  easterly  parallel  with  Walnut 
street  and  125  feet  southerly  from  the  southerly  line  of  the  same, 
to  a  point  150  feet  westerly  from  Greenwood  avenue;  thence  southerly 
and  parallel  with  Greenwood  avenue  to  a  point  that  would  be  inter- 


ORDINANCES 


213 


sected  by  the  southerly  line  of  Willard  place,  if  extended  westerly 
across  Greenwood  avenue;  thence  easterly  along  said  line  to  a  point 
150  feet  east  of  Greenwood  avenue;  thence  northerly  crossing  Willard 
place  to  a  point  on  the  rear  line  of  Mary  E.'  Reilly’s  land,  said  point 
being  about  91  feet  north  of  Willard  place;  thence  easterly  along  the 
rear  line  of  the  lots  fronting  on  Willard  place,  said  line  being  the 
southerly  line  of  land  of  I.  Newton  Rudgers  and  Frederick  J.  Rudloff, 
to  the  easterly  line  of  the  right  of  way  of  the  Erie  Railway ;  thence 
northerly  along  the  easterly  line  of  said  right  of  way  to  a  point  that 
would  be  intersected  by  the  northerly  line  of  land  of  the  United  States 
Printing  Company  if  extended  easterly;  thence  westerly  along  said 
line  to  a  point  150  feet  west  of  the  westerly  line  of  Forest  street; 
thence  southerly  and  parallel  with  Forest  street  to  the  place  of  be¬ 
ginning. 

Beginning  at  the  intersection  of  the  easterly  line  of  the  right  of  way 
of  the  Erie  Railway  and  the  southerly  line  of  Lorraine  avenue;  thence 
easterly  along  the  southerly  line  of  Lorraine  avenue  crossing  Valley 
road  to  the  northeast  corner  of  land  of  Mary  S.  H.  Giffin  as  shown 
on  Tax  Maps  of  Montclair  and  designated  as  Lot  1,  Block  “C,”  map 
16;  thence  along  the  easterly  line  of  said  land  and  the  westerly  line 
of  land  of  W.  O.  Persons  southerly  200  feet  to  the  southwest  corner 
of  said  W.  O.  Persons’  land ;  thence  easterly  along  the  southerly  line 
of  land  of  W.  O.  Persons,  John  N.  and  F.  C.  Ives,  Estate  Hayward 
Johnston,  Ellen  Brooks,  A.  G.  Sime  and  George  C.  Holt  to  the  west¬ 
erly  line  of  land  of  W.  H.  Power;  thence  along  said  westerly  line  of 
land  of  W.  H.  Power  southerly  crossing  Bellevue  avenue  to  the  north¬ 
west  corner  of  Northview  avenue  and  Bellevue  avenue;  thence  along 
the  westerly  side  of  Northview  avenue  southerly  about  220  feet  to 
the  northeast  corner  of  land  of  E.  R.  North;  thence  westerly  along 
the  northerly  line  of  said  land,  and  the  southerly  line  of  land  of 
estate  of  A.  J.  Littell  to  the  easterly  side  of  Valley  road;  thence  in  a 
westerly  prolongation  of  said  line  of  said  estate  of  A.  J.  Littell 
westerly  to  the  easterly  line  of  said  right  of  way  of  said  railroad ; 
thence  northerly  along  said  right  of  way  to  the  place  of  beginning. 

Sec.  2.  Any  person  who  erects  any  building  or  suffers  or  permits 
to  be  erected  upon  any  lot  or  parcel  of  land  owned  by  him  or  her, 
any  frame  or  wooden  building,  in  whole  or  in  part,  or  any  building 
having  its  outside  walls  less  than  eight  inches  thick,  within  the  limits 
hereinbefore  prescribed,  contrary  to  the  provisions  of  this  ordinance, 


214 


ORDINANCES. 


shall  be  liable  to  a  fine  or  penalty  of  ten  ($10)  dollars  for  each  day 
that  such  prohibited  building,  whether  complete  or  not,  stands  or 
remains  within  such  prescribed  limits. 

Sec.  3.  The  word  “person”  as  used  in  this  ordinance  shall  be  taken 
to  include  a  corporation  and  also  one  or  more  persons  or  corporations 
jointly  offending. 

Sec.  4.  This  ordinance  shall  take  effect  immediately,  and  shall 
apply  to  all  buildings,  extensions  or  additions,  the  actual  construction 
of  which  has  not  been  begun  at  the  time  of  the  adoption  of  this  ordi¬ 
nance. 

Adopted  March  30th,  1904. 


$250  REWARD. 

The  Town  Council  hereby  offer  a  standing  reward  of  $250  for 
information  leading  to  the  arrest  and  conviction  of  any  person  guilty 
of  the  crime  of  incendiarism  within  the  limits  of  the  Town  of  Mont¬ 
clair. 

HARRY  TRIPPETT, 

Town  Clerk. 


April  15th,  1901. 


An  Ordinance  in  Relation  to  Hawkers  and  Peddlers. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

Section  1.  No  person  or  persons  not  licensees  as  provided  by  this 
ordinance,  shall  hawk  or  peddle  in  or  upon  any  of  the  streets,  alleys 
or  public  places  of  the  said  town,  any  fish,  fowl,  fruit,  vegetables, 
groceries,  dry  goods  or  any  other  goods,  wares  or  merchandise  of 
any  kind  whatsoever,  without  a  license  therefor  as  provided  in  this 
ordinance. 

Sec.  2.  The  Town  Clerk  shall,  from  time  to  time,  on  application, 
issue  a  license  to  any  person  for  the  purpose  of  hawking  or  peddling 
fish,  fowl,  fruit,  vegetables,  groceries,  dry  goods  or  any  other  articles 


ORDINANCES. 


215 


of  whatsoever  kind  from  wagons,  carts  or  other  vehicles,  or  from 
baskets,  packs  or  other  means  of  carriage  by  hand,  and  such  license 
shall  expire  on  the  first  day  of  May  in  each  and  every  year,  subject, 
nevertheless,  to  be  revoked  at  the  option  of  the  Town  Council  in  its 
discretion,  provided,  however,  that  no  such  license  shall  be  issued 
without  the  written  approval  of  the  Chief  of  Police. 

Sec.  2.  Each  and  every  person  so  licensed  as  aforesaid  shall  pay 
to  the  Town  Clerk  for  such  license  the  sum  of  twenty-five  ($25) 
dollars  for  the  use  of  the  Town;  and  such  license  when  issued  shall 
be  in  force  until  the  first  day  of  May  next  succeeding  the  date  of  the 
granting  of  said  license;  provided,  however,  that  the  fee  for  the 
license  issued  after  the  expiration  of  six  months  from  the  first  day 
of  May  shall  be  twelve  and  one-half  ($12.50)  dollars. 

Sec.  4.  Every  person  licensed  under  the  provisions  of  this  ordinance 
shall  be  entitled  to  the  use  of  one  wagon,  cart  or  other  vehicle  for 
each  license  taken  out  by  him,  and  no  more. 

Sec.  5.  The  Town  Clerk  shall  issue  with  each  license  granted 
under  the  authority  of  this  ordinance,  when  a  wagon,  cart  or  other 
vehicle  is  to  be  used,  duplicate  metal  plates,  bearing  the  words 
“Licensed  Hawker,  Town  of  Montclair,”  together  with  the  number 
of  the  license  and  the  year  for  which  it  is  issued,  and  all  carts,  wagons, 
or  other  vehicles  used  for  the  purpose  of  hawking  or  peddling  as 
aforesaid,  shall  have  affixed  on  each  side  thereof  one  of  the  metal 
plates  above  mentioned  and  the  name  of  the  licensee  in  letters  at 
least  two  inches  in  height  written  or  painted  clearly  and  distinctly 
thereon,  and  all  peddlers  not  using  a  cart  or  other  vehicle  shall  wear 
in  a  conspicluous  place  a  badge  to  be  furnished  by  the  Town  Clerk. 

Sec.  6.  Licenses  granted  pursuant  hereto  are  not  transferable,  and 
no  person  or  persons  having  obtained  a  license  as  aforesaid  shall  lend 
or  hire  or  allow  the  use  of  any  such  vehicle  with  such  licensed  person’s 
name  thereon  or  any  such  badge  for  the  purpose  of  hawking  or 
peddling. 

Sec.  7.  Any  person  licensed  as  aforesaid,  engaged  in  hawking  or 
peddling  as  aforesaid,  in  the  streets  and  public  places  of  the  Town 
of  Montclair,  shall  at  all  'times  carry  with  him,  when  so  engaged,  his 
license,  and  shall  exhibit  the  same  on  demand  to  any  citizen  of  the 
Town. 

Sec.  8.  Any  person,  firm  or  corporation  violating  any  of  the  pro¬ 
visions  of  this  ordinance  shall  be  liable  to  a  penalty  of  five  dollars 


216 


ORDINANCES. 


upon  the  first  conviction,  and  to  a  penalty  of  ten  dollars  upon  the 
second  conviction,  and  upon  the  third  and  every  subsequent  conviction 
to  a  penalty  of  twenty  dollars. 

Sec.  9.  All  ordinances  or  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Adopted  July  6th,  1908. 


An  Ordinance  to  Regulate  the  Laying  and  Construction  of  Sidewalks  in 
the  Public  Streets  of  Montclair. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows: 

Section  1.  No  sidewalk  shall  be  laid  in  any  public  street  in  the 
Town  of  Montclair  unless  an  application  to  lay  the  same  shall  be 
made  in  writing  to  the  Superintendent  of  Roads  and  Sewers,  which 
application  shall  specify  the  location,  material  and  width  of  the  side¬ 
walk  intended  to  be  laid,  and  unless  a  written  permit,  signed  by  the 
said  Superintendent,  shall  be  issued  upon  said  application. 

Sec.  2.  All  flagstone  sidewalks  hereafter  laid  shall  conform  to  the 
following  specifications. 

1.  The  flagstone  shall  be  not  less  than  two  inches  thick. 

2.  They  shall  be  laid  in  not  less  than  three  inches  of  sand  or  coal 
dust,  and  shall  be  laid  to  the  proper  grade  and  line  as  furnished  by 
the  Town  Surveyor. 

3.  All  walks  across  driveways  shall  be  laid  with  two  lines  of 
16  inch  wide  crossing  flag  not  less  than  four  inches  thick,  with  twelve 
inches  of  cobble  stones  between  and  a  double  row  of  cobble  stones 
outside  of  each  crossing  flag;  all  to  be  laid  the  same  as  street  crossings. 

4.  All  joints  shall  be  cemented  and  the  edges  of  the  stone  shall 
be  trimmed  to  an  even  line  conforming  to  the  width  of  the  walk  as 
described  in  the  application. 

Sec.  3.  After  the  walk  described  in  the  application  is  laid,  all 
rubbish  shall  be  cleared  away  from  the  street  and  the  earth  shall  be 
properly  leveled  to  grade  on  each  side  of  the  walk. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of  this  ordi- 


ORDINANCES. 


21 7 


nance  shall,  upon  conviction  thereof,  be  liable  to  a  fine  of  twenty  dol¬ 
lars  for  each  and  every  offence. 

Sec.  5.  This  ordinance  shall  take  effect  immediately. 

Adopted  May  23d,  1904. 


An  Ordinance  Providing  for  the  Appointment  of  an  Assistant  Collector  of 
Taxes  for  the  Town  of  Montclair,  and  to  Fix  His  Term  of  Office  and 
Compensation  and  Define  His  Duties. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

1.  There  shall  be  appointed  by  the  Town  Council  of  the  Town 
of  Montclair,  in  the  County  of  Essex  one  officer  to  be  known  and 
designated  as  the  Assistant  Collector  of  Taxes  who  shall  hold  office 
for  the  term  of  one  year  from  the  first  day  of  June  in  each  year. 

2.  The  said  Assistant  Collector  shall  receive  as  salary  such  an 
amount  as,  when  added  to  the  commissions  and  fees  received  by  him, 
shall  make  a  total  of  twelve  hundred  dollars  per  annum,  and  a  pro¬ 
portionate  part  of  said  amount  for  any  period  less  than  one  year. 

3.  It  shall  be  the  duty  of  said  Assistant  Collector  to  assist  the 
Collector  in  the  performance  of  his  duties,  and  to  serve  the  town  as 
a  “collector  of  arrears,”  under  the  provision  of  an  ordinance  entitled 
“An  ordinance  relating  to  the  office  of  Collector  of  Arrears  in  the 
Town  of  Montclair,  in  the  County  of  Essex,”  adopted  May  20,  1901, 
whenever  specially  appointed  for  that  purpose ;  he  shall  also  execute 
all  warrants  for  the  collection  of  taxes  when  deputized  for  that  pur¬ 
pose  by  the  Collector,  and  shall  perform  such  other  duties  in  the 
collection  of  taxes  and  assessments  as  the  Council  may  from  time 
to  time  by  resolution  require,  not  inconsistent  with  the  duties  and 
responsibilities  of  the  Collector  as  fixed  by  law. 

4.  All  fees  and  commissions  of  every  kind  which  the  Assistant 
Collector  shall  collect  or  receive  in  the  performance  of  his  duties,  in¬ 
cluding  the  sums,  if  any,  received  by  him  as  Collector  of  Arrears 
under  the  aforesaid  ordinance,  shall  be  credited  by  him  on  account 
of  said  salary,  and  the  Assistant  Collector  shall  account  for  and  pay 


218 


ORDINANCES. 


over  to  the  Collector  forthwith  all  taxes  and  assessments  which  he 
may  receive,  less  such  fees  and  commissions. 

5.  The  Assistant  Collector  shall  furnish  a  bond  in  addition  to  the 
bond  required  as  Collector  of  Arrears  of  Taxes  under  the  aforesaid 
ordinance,  for  the  proper  performance  of  his  duties  in  such  amount 
and  with  such  sureties  as  the  Town  Council  shall  from  time  to  time 
by  resolution  approve,  and  all  expense  incurred  in  procuring  such 
bond  shall  be  paid  by  the  Town  of  Montclair. 

Adopted  May  23d,  1904. 


An  Ordinance  to  Regulate  and  Prohibit  the  Distribution  of  Medicinal 

Preparations,  Advertisements  and  Circulars  in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows : 

Section  1.  No  person  shall  hereafter  deposit  or  leave  on  any 
of  the  public  streets,  highways  or  public  places  of  the  said  Town  of 
Montclair,  or  on  private  property,  or  in  any  private  place  or  places 
within  said  municipality,  any  medicine,  medicinal  preparation  or  prep¬ 
aration  represented  to  cure  aliments  or  diseases  of  the  body  or  mind, 
or  any  sample  thereof  or  any  advertisement  or  circulars  relating 
thereto;  provided,  however,  that  nothing  in  this  ordinance  contained 
shall  be  held  to  prohibit  a  delivery  of  any  such  article  by  handing 
the  same  to  any  person  above  twelve  years  of  age  willing  to  receive 
the  same. 

Sec.  2.  Every  person  offending  against  the  provision  of  this  ordi¬ 
nance  shall,  on  conviction  thereof,  forfeit  and  pay  a  penalty  of 
fifty  ($50)  dollars  for  every  such  offence. 


Adopted  July  11th,  1904. 


ORDINANCES 


219 


An  Ordinance  to  Prevent  the  Accumulation  of  Packing  Boxes,  Excelsior, 
Waste  Paper,  and  Other  Inflammable  Material  and  Rubbish,  in  or 
near  Any  Building. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

Section  1.  Hereafter  no  owner  or  occupant  of  any  building 
within  the  Town  of  Montclair  shall  deposit,  collect  or  accumulate, 
or  cause  or  suffer  or  permit  to  be  deposited,  collected  or  accumulated, 
any  packing  boxes,  excelsior,  waste  paper,  or  any  inflammable  material 
or  rubbish  in  or  upon  such  building  or  upon  the  lot  whereon  said 
building  is  erected,  within  twenty-five  feet  of  the  said  building  or 
of  any  other  building  within  the  said  Town  of  Montclair,  in  such 
quantities  as  to  increase  the  danger  of  fire. 

Sec.  2.  Every  person  who  shall  violate  the  provisions  of  Section  1 
of  this  ordinance  and  who  shall  fail  to  remove  such  accumulation 
within  twenty-four  hours  after  being  notified  so  to  do  by  the  Chief 
of  Police  or  the  Chief  Engineer  of  the  Fire  Department  of  the  said 
Town,  shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of 
ten  dollars  for  each  offence. 

Adopted  September  10th,  1904. 


An  Ordinance  to  Regulate  and  Prohibit  the  Discharge  of  Firearms,  Fire¬ 
crackers,  Torpedoes  and  Fireworks  Within  the  Limits  of  the  Town  of 
Montclair. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

Section  1.  From  and  after  the  passage  of  this  ordinance  it  shall 
be  unlawful  for  any  person  to  fire,,  discharge,  explode,  or  set  off 
any  gun,  cannon,  pistol,  toy  pistol,  fire-cracker,  torpedo,  bomb,  sky¬ 
rocket,  Roman  candle  or  other  firearm  or  fireworks  for  the  purpose 
of  making  a  noise  or  display  within  the  limits  of  the  said  Town  of 
Montclair,  except  during  the  twenty-four  hours  of  the  fourth  day  of 
July,  or  in  case  the  fourth  day  of  July  happens  upon  a  Sunday,  within 
the  twenty-four  hours  of  the  day  which  is  celebrated  as  the  Fourth 


220 


ORDINANCES. 


of  July,  without  a  special  permit  or  license  for  that  purpose  authorized 
by  the  Town  Council  and  signed  by  the  Chief  of  Police  or  person 
acting  in  that  capacity. 

Sec.  2.  [As  am’d  Feb.  16,  1906.]  Any  person  offending  against 
or  violating  the  provisions  of  Section  1  of  this  ordinance  shall,  upon 
conviction  thereof,  forfeit  and  pay  a  penalty  of  twenty  ($20)  dollars. 

Adopted  February  16th,  1906. 


An  Ordinance  Prescribing  the  Duties  to  Be  Performed  by  the  Town.  Attorney. 

Whereas,  in  and  by  the  thirty-seventh  section  of  an  Act  entitled 
“An  Act  for  the  formation,  establishment  and  government  of  Towns,” 
approved  March  7,  1895,  it  is  provided  that  the  Town  Attorney  shall 
be  appointed  by  the  Council  and  shall  hold  office  for  the  term  of  one 
year  and  shall  perform  such  duties  as  the  Council  shall  by  ordinance 
prescribe : 

Now,  therefore,  be  it  ordained  by  the  Town  Council  of  the  Town 
of  Montclair,  in  the  County  of  Essex,  as  follows : 

1.  The  duties  of  the  Town  Attorney  appointed  for  the  Town  of 
Montclair,  in  the  County  of  Essex,  in  addition  to  the  duties  now 
required  by  law,  shall  hereafter  be  as  follows: 

attendance  at  meetings. 

He  shall  attend  at  all  regular  meetings  of  the  Council  and  all  special 
meetings  thereof,  of  which  he  shall  have  due  notice,  and  also  all 
meetings  of  standing  or  special  committees  when  requested  to  attend 
by  the  Chairman  of  such  Committee,  unless  prevented  by  absence  from 
Town  or  other  sufficient  reason,  and  shall  while  at  such  meeting  give 
such  advice  relating  to  the  laws  governing  the  action  of  the  Council 
or  Committee  as  shall  be  then  and  there  required  of  him.  If  he  shall 
be  unable  to  attend  any  of  the  aforesaid  meetings  he  shall,  in  every 
case  where  possible,  send  notice  to  the  Mayor,  or  to  the  Chairman  of 
the  Committee  whose  meeting  he  shall  be  unable  to  attend,  of  his 
inability  to  be  present  and  of  the  reason  therefor. 


ORDINANCES. 


221 


LITIGATIONS. 

He  shall  act  as  attorney  or  solicitor  and  counsel  of  the  Town  in 
all  litigations  in  the  Courts  of  law  or  equity  of  the  State  of  New 
Jersey  or  of  the  United  States  to  which  the  Town  shall  be  a  party, 
or  in  which  the  Town  shall  have  a  direct  interest,  and  shall  have  the 
usual  powers  of  and  duties  of  attorneys  or  of  solicitors  and  counsel 
in  all  such  cases;  he  shall  further  represent  the  Town  in  all  appeals 
from  the  Recorder’s  Court  for  the  violation  of  Town  ordinances,  and 
shall,  when  called  upon  by  the  Recorder  for  that  purpose,  advise  the 
Recorder  as  to  his  powers  in  any  special  case  pending  before  him 
for  violation  of  a  Town  ordinance.  In  all  cases  before  the  Recorder 
in  which  an  important  right  or  prerogative  of  the  Town,  or  the 
validity  of  an  ordinance  passed  by  the  Town  Council  shall  be  called 
in  question,  he  shall,  if  notified,  represent  the  Town  in  the  trial  ©f 
the  cause  before  the  Recorder’s  Court. 

OPINIONS. 

He  shall,  when  requested  by  the  Council,  by  the  Mayor  of  the 
Town  or  by  the  Chairman  of  a  Committee,  give  advice  in  writing 
upon  all  questions  falling  within  the  scope  of  the  duties  of  the 
respective  bodies  or  officers  who  shall  make  such  request,  and  shall 
give  advice  to  every  Town  official  who  shall  call  upon  him  for  that 
purpose  respecting  the  law  governing  the  performance  of  the  duties 
of  such  officer,  such  advice  to  be  given  orally  or  in  writing,  as  may 
be  most  appropriate  to  the  circumstances  of  the  case. 

DRAFTING  CONTRACTS  AND  ORDINANCES. 

He  shall  prepare  or  approve  all  written  contracts  for  the  perform¬ 
ance  of  public  works  to  which  the  Town  shall  be  a  party,  and  shall 
advise  the  Council  as  to  the  form  of  deeds  of  dedication  and  other 
instruments  which  may  be  presented  to  the  Council  and  which  require 
action  by  that  body.  He  shall,  when  requested  by  the  Mayor,  or  any 
member  of  the  Council,  prepare  for  presentation  to  the  Council  by 
such  member,  drafts  of  ordinances  upon  any  subject  upon  which  the 
Council  may  have  power  to  legislate. 

Adopted  Jan.  8,  1906. 


222 


ORDINANCES. 


An  Ordinance  Providing  for  the  Collection,  Removal  and  Disposal  of  Ashes 

and  Garbage. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

Hereafter  all  garbage  and  ashes  made  and  produced  within  the  limits 
of  the  Town  of  Montclair  shall  be  collected,  removed  and  disposed  of 
at  public  expense  in  such  manner  as  the  Council  shall  from  time  to 
time  by  resolution  or  vote  of  the  majority  of  said  Council  determine. 
The  expense  of  such  collection,  removal  and  disposal  shall  be  met 
by  taxation  and  paid  out  of  the  moneys  which  may  from  time  to 
time  hereafter  be  appropriated  by  the  Town  Council  for  such  purposes. 

Adopted  May  28th,  1906. 


An  Ordinance  to  Establish,  Regulate  and  Control  a  Day  and  Night  Police. 

The  Council  of  the  Town  of  Montclair,  in  the  County  of  Essex, 
do  ordain  as  follows : 

Section  1.  The  police  force  of  this  Town  shall  hereafter  consist 
of  a  chief  of  police,  one  or  more  sergeants  of  police,  one  or  more 
roundsmen  and  such  number  of  patrolmen  not  exceeding  one  for  each 
eight  hundred  inhabitants  including  the  chief,  sergeants,  roundsmen 
and  patrolmen,  serving  as  such  at  the  time  of  the  adoption  of  this 
ordinance,  each  of  whom  shall  hold  office  during  good  behavior,  and 
so  many  chancemen  as  shall  be  from  time  to  time  appointed  by  the 
Council. 

Sec.  2.  It  shall  be  the  duty  of  the  Committee  on  Police,  annually 
appointed  by  the  Mayor  from  the  members  of  the  Council,  to  enforce 
such  rules  and  regulations  for  the  government,  control  and  discipline 
of  the  police  force  as  shall  have  been  or  may  hereafter  be,  from  time 
to  time  adopted  by  the  Council,  and  such  Committee  shall  inflict  such 
penalties  for  misbehavior  or  delinquency,  except  removal  or  dismissal 
from  the  force,  as  shall  be  authorized  by  such  rules  and  regulations. 

Sec.  3.  No  police  officer  shall  be  dismissed  or  removed  except 
upon  charges  in  writing  presented  to  the  Council ;  immediately  upon 
receiving  any  such  charges  the  Council  shall  appoint  a  time  and  place 


ORDINANCES. 


223 


for  hearing  the  same,  and  it  shall  be  the  duty  of  the  Town  Clerk  to 
serve  a  copy  of  the  charges,  together  with  a  notice  of  the  time  and 
place  of  hearing,  upon  the  accused  officer  at  least  three  days  before 
such  time;  at  the  time  and  place  so  appointed  the  Council  shall  meet 
and  hear  the  evidence  offered  to  substantiate  or  rebut  the  charges 
and  shall  determine  whether  or  not  the  accused  officer  is  guilty  of 
the  charges  made  against  him;  if  they  find  him  guilty  the  Council 
may  adopt  a  resolution  dismissing  or  removing  him  from  the  force, 
or  may  provide  for  such  other  penalty  as  may  be  authorized  by  the 
rules  and  regulations. 

Sec.  4.  Every  police  officer  shall  have  power  with  or  without 
warrant  to  arrest  and  take  into  custody  any  person  who  shall  commit 
in  the  present  of  such  officer,  or  within  his  view,  any  crime  or  violate 
any  ordinance  of  this  Town;  such  officer  shall  forthwith,  or  as  soon 
as  practicable,  convey  the  person  arrested  before  the  Recorder  for 
examination. 

Sec.  5.  And  be  it  ordained  that  the  salaries  and  compensation 
to  be  paid  to  members  of  the  police  force  shall  be  as  follows : 

Chief  of  police,  fifteen  hundred  dollars  per  year  payable  in  equal 
monthly  installments. 

Sergeants,  each,  ninety  dollars  per  month. 

Roundsmen,  each,  eighty-five  dollars  per  month. 

Patrolmen,  each,  seventy  dollars  per  month,  except  that  such  patrol¬ 
men  as  have  served  as  such  for  three  years  shall  be  paid  seventy-five 
dollars  per  month,  and  such  patrolmen  as  have  served  as  such  for 
six  years  shall  be  paid  eighty  dollars  per  month. 

Chancemen,  each,  twenty-eight  (28)  cents  per  hour  for  actual 
services  rendered.  Provided  that  no  chanceman  performing  full  duty 
shall  receive  more  than  sixty-five  dollars  for  such  service  during 
any  one  month.  The  chief  of  police,  sergeants,  roundsmen  and  each 
patrolman  of  the  police  force  shall  be  supplied  by  the  Town  with  not 
exceeding  two  suits  of  uniform  per  year,  in  addition  to  the  compensa¬ 
tion  herein  provided. 

Sec.  6.  All  ordinances  or  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 


Adonted  February  11th,  1907. 


224 


ORDINANCES. 


An  Ordinance  to  Include  Within  the  Limits  of  the  First  Election  District 
of  the  Second  Ward  of  the  Town  of  Montclair,  in  the  County  of  Essex, 
a  Certain  Territory  Annexed  to  Said  Town  by  the  Legislature  of  the 
State  of  New  Jersey. 

Whereas,  the  Legislature  of  the  State  of  New  Jersey,  session  of 
1907,  passed  an  Act  whereby  the  territory  below  described  was  set  off 
from  the  Township  of  Verona  and  annexed  to  the  Town  of  Mont¬ 
clair  in  said  County,  to  wit : 

Beginning  at  a  point  in  the  northerly  line  of  Bloomfield  avenue  at 
its  point  of  intersection  with  the  boundary  line  between  the  Town  of 
Montclair  and  Township  of  Verona;  thence  (1)  westerly  along  the 
said  northerly  line  of  Bloomfield  avenue  and  a  prolongation  thereof 
to  its  intersection  with  the  centre  line  of  Clairmont  avenue;  thence 
(2)  north  forty-one  degrees  forty-eight  minutes  west  about  two  hun¬ 
dred  and  sixty  feet  along  the  centre  line  of  Clairmont  avenue  to  its 
intersection  with  the  centre  line  of  Crestmount  road;  thence  (3) 
northeasterly  about  seven  hundred  and  forty  feet  along  the  centre 
line  of  Crestmount  road  and  following  the  curve  thereof  to  the  inter¬ 
section  thereof  with  the  southerly  line  of  lands  of  Arthur  T.  Stilson; 
thence  (4)  south  thirty-seven  degrees  three  minutes  east  along  the 
said  southerly  line  of  lands  of  said  Stilson  about  one  hundred  and 
eighty  feet  to  its  intersection  with  said  boundary  line  between  the 
Town  of  Montclair  and  Township  of  Verona;  thence  (5)  southerly 
along  said  boundary  line  between  the  Town  of  Montclair  and  Town¬ 
ship  of  Verona  about  seven  hundred  and  sixty  feet  to  its  intersection 
with  the  northerly  line  of  Bloomfield  avenue  at  the  point  or  place  of 
beginning. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows : 

Section  1.  The  above  described  land  and  territory  is  hereby  an¬ 
nexed  to,  made  a  part  of  and  included  within  the  limits  of  the  first 
election  district  of  the  Second  Ward  of  the  Town  of  Montclair. 

Sec.  2.  This  ordinance  shall  take  effect  immediately. 


Adopted  May  27,  1907. 


ORDINANCES. 


225 


An  Ordinance  to  Provide  for  the  Prevention  and  Removal  of  All  Encroach¬ 
ments,  Obstructions  and  Incumbrances  in  and  upon  Sewers,  Drains 
and  Watercourses  Within  the  Limits  of  the  Town  of  Montclair,  in 
the  County  of  Essex. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows : 

Section  1.  That  the  right  to  prevent  and  remove  all  encroach¬ 
ments,  obstructions  or  incumbrances  in  and  upon  all  sewers,  drains 
and  watercourses  within  the  limits  of  the  Town  of  Montclair  shall 
hereafter  be  vested  in  the  Committee  on  Roads  and  Sewers  of  said 
Town  Council. 

Sec.  2.  The  said  Committee  on  Roads  and  Sewers  shall  have  full 
power  and  authority  to  open,  clear,  clean  out,  straighten,  repair,  pre¬ 
vent  and  remove  all  encroachments,  obstructions  and  encumbrances 
in  and  upon  sewers,  drains  and  water  courses,  and  to  restore  the  beds, 
channels  and  courses  of  all  such  drains  and  water  courses  to  their 
original  location,  width  and  depth,  and  to  protect  by  walls  or  other¬ 
wise,  the  banks  of  any  such  bed,  channel  or  course  from  washing, 
wearing  away  or  cutting  by  the  flow  of  water  or  otherwise. 

Sec.  2.  In  order  to  perform  the  acts  specified  in  Section  2  of  this 
ordinance  it  shall  be  lawful  for  the  members  of  said  Committee  on 
Roads  and  Sewers,  and  its  agents,  servants  and  employees,  to  go 
upon,  over  and  across  the  land  or  lands  of  any  person  or  persons, 
corporation  or  corporations  through  or  along  which  any  sewer,  drain 
or  watercourse  flow  or  are  located. 

Sec.  4.  Except  as  herein  provided,  no  person  shall  encumber, 
obstruct  or  encroach  upon  the  bed,  channel  or  course  of  any  sewer, 
drain  or  water  course  within  the  limits  of  the  Town  of  Montclair 
in  any  way  or  manner  or  with  any  thing  or  article  whatsoever,  under 
a  penalty  of  twenty  ($20)  dollars  for  each  and  every  offence.  And 
any  encroachment,  obstruction  or  incumbrance  in  and  upon  any  such 
sewer,  drain  or  watercourse,  hereafter  put,  placed  or  made  by  any 
person  or  persons,  corporation  or  corporations,  shall  be  by  him,  her, 
it  or  them  removed  within  twenty-four  hours  after  written  notice 
from  the  Committee  on  Roads  and  Sewers  of  such  encroachment, 
obstruction  or  incumbrance,  and  written  demand  therewith  to  remove 
the  same ;  and  every  such  person  or  persons,  corporation  or  corpora¬ 
tions,  putting,  placing  or  making  such  encroachment,  obstruction  or 


226 


ORDINANCES. 


incumbrance  and  failing  to  remove  the  same  within  twenty-four 
hours  after  such  notice  and  demand  shall  be  liable  to  a  penalty  of 
twenty  ($20)  dollars  for  each  and  every  such  offence,  and  each  day 
that  such  encroachment,  obstruction  or  incumbrance  shall  continue  or 
remain  after  the  aforesaid  notice  to  remove  the  same,  shall  constitute 
a  separate  offence,  and  the  person  or  persons,  corporation  or  corpora¬ 
tions,  so  offending  shall  be  liable  to  a  further  penalty  of  twenty  ($20) 
dollars  for  each  and  every  day  such  incumbrance,  obstruction  or  en¬ 
croachment  shall  so  continue  or  remain. 

Sec.  5.  Any  person  or  persons,  corporation  or  corporations,  having 
need  to  encroach,  obstruct  or  encumber  any  such  sewer,  drain  or 
watercourse,  shall,  before  so  doing,  obtain  written  permission  from 
said  Committee  on  Roads  and  Sewers  by  presentation  of  a  written 
petition  setting  forth  the  particular  encroachment,  obstruction  or  in¬ 
cumbrance,  or  one  or  more  of  them,  and  upon  what  sewer,  drain  or 
watercourse,  to  be  made,  done  or  accomplished ;  the  nature  and  extent 
of  such  encroachment,  obstruction  or  incumbrance ;  and  whether  tem¬ 
porary  or  permanent ;  the  reason  therefor,  and  a  map  showing  the 
location,  width  and  depth  of  any  such  sewer,  drain  or  watercourse  at 
the  time  of  the  presentation  of  said  petition,  and  upon  such  petition 
and  personal  examination,  if  such  examination  shall  be  deemed  ad¬ 
visable  to  be  made  by  such  Committee,  said  Committee  on  Roads  and 
Sewers,  or  a  majority  of  them,  if  they  are  satisfied  that  such  incum¬ 
brance,  encroachment  or  obstruction,  thus  applied  for,  will  not  damage 
or  injure  any  such  sewer,  drain  or  watercourse,  may  grant  permission 
in  writing  to  the  said  applicant  to  do,  make  or  accomplish  such  en¬ 
croachment,  obstruction  or  incumbrance  upon  any  such  sewer,  drain 
or  watercourse,  according  to  and  within  the  limits  set  forth  particu¬ 
larly  in  said  written  permission ;  but  if  it  shall  appear  to  the  satisfaction 
of  said  Committee  on  Roads  and  Sewers  or  to  a  majority  of  them 
that  any  such  encroachment,  obstruction  or  incumbrance  thus  petitioned 
for  is  likely  to  or  will  do  damage  or  injury  to  any  such  sewer,  drain 
or  watercourse,  said  Committee  on  Roads  and  Sewers  shall  deny  the 
same. 

Sec.  6.  This  ordinance  shall  take  effect  immediately. 


Adopted  June  10,  1907. 


ORDINANCES. 


227 


An  Ordinance  to  Regulate,  and  to  Prohibit,  Except  Under  Certain  Conditions 
and  Regulations,  the  Manufacture,  Sale,  Storage,  Keeping,  or  Conveying 
of  Fireworks,  Gunpowder,  Kerosene,  Benzine,  Gasoline,  Burning  Fluid, 
Nitro-Glycerine,  Dynamite,  Camphene,  Coal  Oil,  Spirit  Gas,  Petroleum 
and  Other  Dangerous  or  Explosive  or  Inflammable  Materials. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

Section  1.  No  person,  firm  or  corporation  shall  sell,  store,  keep 
or  convey  or  manufacture  gunpowder,  firecrackers  or  fireworks  of 
any  description  or  kind,  except  in  accordance  with  the  provisions  of 
this  ordinance,  and  after  permit  obtained  therefor  from  the  Town 
Council  of  the  Town  of  Montclair. 

Sec.  2.  The  following  regulations  must  be  observed  in  respect 
to  all  materials  named  in  Section  1  of  this  ordinance,  and  failure  to 
comply  therewith  or  to  observe  the  same  shall  ipso  facto  revoke  any 
permit  theretofore  granted  by  the  Town  Council  to  the  person,  firm 
or  corporation  violating  the  same. 

(a)  Smoking  shall  not  be  permitted  in  any  store  or  place  where 
fireworks,  gunpowder  or  firecrackers  are  offered  for  sale,  and  signs 
to  this  effect,  in  letters  at  least  six  inches  high,  and  one  inch  in  width, 
shall  be  displayed  prominently  in  one  or  more  places  in  such  sales¬ 
room. 

(b)  Sand  or  water  shall  be  kept  in  buckets  or  pails  convenient  for 
quick  use  in  case  of  fire. 

(c)  Matches  shall  not  be  sold  in  any  store  or  room  where  fire¬ 
works  or  firecrackers  are  offered  for  sale  at  retail,  nor  shall  any 
matches  be  kept  or  stored  in  or  on  any  such  premises  during  such 
times  as  fireworks  or  firecrackers  are  exposed  or  offered  for  sale. 

(d)  Fireworks  and  firecrackers  of  every  kind  and  description 
must  be  kept  remote  from  any  fires,  open  flames  or  the  direct  rays 
of  the  sun,  and  as  far  as  practicable  must  be  kept  in  tin  or  metal 
receptacles. 

Sec.  3.  No  person,  firm  or  corporation  shall  keep,  manufacture, 
store,  sell  or  convey  within  the  limits  of  the  Town  of  Montclair  any 
kerosene,  coal  oil  or  gasoline  exceeding  five  gallons  in  quantity,  nor 
any  burning  fluid,  nitro-glycerine,  dynamite,  camphene,  spirit  gas, 
benzine,  petroleum,  nor  any  dangerous,  explosive,  or  inflammable 
materials,  without  first  having  procured  a  permit  from  the  Town 


228 


ORDINANCES. 


Council  of  the  Town  of  Montclair  therefor,  provided,  however,  that 
the  conveyance  of  kerosene  and  of  coal  oil  through  or  in  said  Town 
shall  not  require  a  permit. 

Sec.  4.  The  following  regulations  must  be  observed  in  respect 
to  all  of  the  materials  enumerated  in  Section  3  of  this  ordinance,  and 
failure  to  comply  therewith  or  to  observe  the  same  shall  revoke 
ipso  facto  any  permit  which  may  have  been  issued  to  the  person,  firm 
or  corporation  so  failing  to  observe  or  comply  with  the  regulations : 

(a)  Volatile,  inflammable  liquid  fuel  in  quantities  less  than  fifty 
gallons  shall  be  kept  in  approved,  non-corrosive  metal  cans,  and  quan¬ 
tities  in  excess  of  fifty  gallons  in  iron  or  steel  tanks  of  design  and 
construction  approved  by  the  Inspector  of  Buildings  of  the  Town  of 
Montclair,  said  tanks  in  all  cases  to  be  buried  in  the  ground,  and 
the  metal  cans  to  be  buried  whenever  required  by  the  Inspector  of 
Buildings,  and  the  person,  firm  or  corporation  owning,  controlling, 
using  or  having  authority  thereover,  shall  bury  the  same  within  two 
days  after  notice  so  to  do. 

(b)  No  volatile,  inflammable  liquid  fuel  shall  be  conveyed  from 
one  place  to  another  in  the  Town  of  Montclair  or  from  without  to 
within  or  from  within  to  without  the  Town  of  Montclair  in  any  open 
can  or  vessel. 

(c)  No  volatile,  inflammable  liquid  fuel  shall  be  put  into  or  taken 
out  of  any  automobile,  or  any  self-propelling  vehicle  or  any  receptacle 
cherefor,  within  fifty  feet  of  any  lighted  lamp,  fire  or  flame. 

(d)  No  volatile,  inflammable  liquid  fuel  shall  be  put  into  or 
taken  out  of  any  automobile,  or  other  self-propelling  vehicle,  or  any 
receptacle  therefor,  between  the  hours  of  sunset  and  sunrise  of  the 
day  following,  unless  all  lighted  lamps,  lights  or  flames,  excepting 
incandescent  electric  lights,  within  fifty  feet  of  such  automobile, 
self-propelling  vehicle  or  receptacie,  shall  have  first  been  extinguished. 

(e)  Smoking  shall  not  be  permitted  in  any  automobile  station 
or  garage,  or  in  any  place  where  there  is  any  gasoline,  benzine,  burn¬ 
ing  fluid,  or  any  dangerous  volatile,  inflammable  liquid  fuel,  and  signs 
to  this  effect  in  letters  at  least  six  inches  high  shall  be  prominently 
displayed  in  one  or  more  places  on  or  in  such  building.  All  persons 
are  forbidden  to  carry  or  have  a  lighted  cigar,  cigarette,  pipe  or  other 
lighted  smoking  matter  within  any  such  automobile  station  or  garage. 

(f)  Under  no  circumstances  shall  gasoline  or  other  volatile,  in¬ 
flammable  liquid  fuel  be  allowed  to  run  upon  the  floor  of  any  building 


ORDINANCES. 


229 


in  any  quantity,  or  to  fall  or  pass  into  the  drainage  system  of  the 
premises  where  said  gasoline,  or  other  volatile,  inflammable  liquid 
fuel  is,  or  into  the  drainage  system  of  the  Town  of  Montclair. 

(g)  Sand  shall  be  kept  in  buckets,  fit  and  available  for  absorbing 
any  waste,  oily  wastes,  or  wasted  oils,  and  such  sand  when  saturated 
shall  be  taken  to  a  safe  place  and  buried  or  burnt. 

(h)  Sand  shall  be  kept  in  buckets  or  pails  in  places  convenient 
for  quick  use  in  case  of  fire. 

Sec.  5.  The  Inspector  of  Buildings  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  is  given  full  powers  to  examine  and  investi¬ 
gate  any  buildings  or  premises  wherein  any  of  the  materials  mentioned 
in  the  foregoing  sections,  are  manufactured,  sold,  kept,  stored  or  con¬ 
veyed.  And  it  is  hereby  made  his  duty  in  addition  to  any  other 
duties  imposed  upon  him  to  cause  the  provisions  of  this  ordinance 
to  be  observed  and  complied  with,  and  to  take  any  and  all  measures 
to  enforce  it  as  shall  be  necessary. 

Sec.  6.  Any  person,  firm  or  corporation  violating  any  of  the  pro¬ 
visions  of  this  ordinance  shall  be  liable  to  a  penalty  of  twenty  dollars 
for  each  and  every  such  offence ;  and  any  person,  firm  or  corporation, 
having  obtained  a  permit  and  violating  or  failing  to  comply  with 
and  observe  any  of  the  rules  and  regulations  hereinbefore  set  forth, 
shall  be  liable  to  a  penalty  of  twenty  dollars,  for  each  and  every  such 
offence,  in  addition  to  the  forfeiture  and  revocation  of  the  permit 

Adopted  July  1,  1907. 


An  Ordinance  Fixing  the  Duties  of  Town  Surveyors,  Requiring  a  Bond,  and 
Fixing  the  Penalty  and  Conditions  Thereof. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair  in 
the  County  of  Essex,  as  follows : 

Section  1.  The  Town  Surveyor  shall  perform  such  surveying 
and  engineering  services  as  may  be  required  by  the  Town  Council 
or  any  Committee  thereof. 

Sec.  2.  It  shall  be  the  duty  of  the  Town  Surveyor  to  prepare  for 
the  Board  of  Assessors  appointed  to  estimate,  compute,  fix,  determine 
and  make  all  assessments  for  damages  caused  by  any  local  improve- 


230 


ORDINANCES. 


ment  in  the  Town  of  Montclair,  all  surveys,  maps  and  plans  required 
in  the  making  of  such  assessments,  and  to  furnish  the  said  Board  of 
Assessors  with  the  data  they  may  need  in  the  prosecution  and  comple¬ 
tion  of  the  work  to  which  they  are  appointed,  unless  the  said  surveyor 
shall  be  disqualified  by  reason  of  interest  in  the  proposed  improvement 
or  otherwise. 

Sec.  3.  It  shall  be  the  duty  of  the  Surveyor  to  cause  all  real 
estate  in  the  Town  of  Montclair  to  be  delineated  correctly  upon  the 
Tax  Assessment  Maps  of  the  Town  of  Montclair,  and  keep  the  same 
accurate.  He  shall  make  or  cause  to  be  made  memorandums  of  all 
transfers  of  real  estate  within  the  Town  of  Montclair,  with  the  name 
or  names  of  the  persons  to  whom  such  transfers  shall  be  made.  He 
shall  examine  the  description  of  each  lot  or  plot  contained  in  such, 
transfer,  and  compare  the  same  with  the  Assessment  Maps,  and 
correct  any  errors  he  may  find  therein  from  time  to  time. 

Sec.  4.  Each  Surveyor  before  entering  upon  the  performance  of 
his  duties  as  such  shall  execute  to  the  Town  of  Montclair,  in  the 
County  of  Essex,  a  bond  in  the  penal  sum  of  two  thousand  dollars, 
conditioned  for  the  well  and  faithful  performance  of  his  duties  as 
such  Surveyor,  and  the  further  condition  that  in  case  of  any  error 
on  his  part  which  causes  damage  to  the  Town  of  Montclair,  in  the 
County  of  Essex,  and  the  said  Town  of  Montclair,  in  the  County  of 
Essex,  is  compelled  to  pay  to  any  person,  firm  or  corporation  any 
sum  of  money  for  or  on  account  of  such  error,  the  Surveyor  will, 
upon  demand,  pay  such  sum  by  the  Town  of  Montclair,  in  the  County 
of  Essex,  paid,  not  exceeding  the  amount  of  the  penalty  of  such  bond. 

Sec.  5.  Such  bond  shall  be  executed  by  two  or  more  sureties,  who 
shall  justify  separately  on  the  back  of  or  annexed  to  said  bond,  that 
they  are  respectively  worth  the  sums  to  be  stated  in  their  respective 
justifications,  over  and  above  all  debts  by  them  owing  or  incurred, 
or  for  which  their  property  is  liable  or  encumbered,  at  the  time  of 
justification,  and  over  and  above  all  exemptions  by  law  of  their  prop¬ 
erty  from  execution;  the  sums  stated  in  such  justifications  on  such 
bond  shall  in  the  aggregate  amount  to  double  the  penalty  of  such 
bond.  The  execution  of  such  bond  shall  be  acknowledged  by  the 
Town  Surveyor  and  his  sureties  before  some  person  authorized  to. 
take  acknowledgment  of  deeds,  and  a  certificate  of  such  acknowledg¬ 
ment  made  thereon.  Such  bond  shall  be  submitted  to  the  Town 
^Council  for  its  approval,  or  rejection;  and  in  case  of  rejection  the: 


ORDINANCES. 


231 


same  shall  be  made  satisfactory  to  the  said  Town  Council.  Any 
surety  company  authorized  to  do  business  in  New  Jersey,  alone,  may 
act  as  surety  instead  of  two  or  more  sureties,  provided  said  bond 
shall  be  approved  by  the  Town  Council. 

Sec.  6.  In  case  of  failure  or  neglect  to  furnish  such  bond  within 
twenty  days  after  appointment  of  the  Surveyor;  or  if  unsatisfactory 
to  said  Town  Council,  to  furnish  a  bond  that  is  satisfactory  within 
twenty  days  after  such  rejection,  said  office  shall  be  declared  vacant 
by  said  Town  Council. 

Sec.  7.  No  bond  shall  be  required  of  any  Surveyor,  who  shall 
be  appointed  or  selected  to  do  some  particular  work  because  of  the 
inability  or  disqualification  of  the  then  Town  Surveyor  to  do  the  work. 

Sec.  8.  This  ordinance  shall  take  effect  immediately,  but  the 
present  Town  Surveyor  shall  furnish  a  bond  hereunder  to  be  approved 
by  the  Town  Council,  within  twenty  days  after  notice  from  the 
Town  Council  so  to  do. 

Adopted  July  8,  1907. 


An  Ordinance  to  Regulate,  License  or  Prohibit  Inns  or  Taverns,  and  the 
Sale  or  Transfer  of  Spirituous,  Vinous,  Malt  or  Other  Strong  or  Intoxi¬ 
cating  Liquors. 

Be  it  ordained  by  the  Council  of  the  Town  of  Montclair,  in  the 
County  of  Essex,  as  follows : 

Section  1.  No  person  or  persons,  corporation  or  association  what¬ 
ever,  shall  be  hereafter  allowed  within  the  limits  of  the  Town  of 
Montclair  to  keep  an  inn  or  tavern,  or  to  sell  or  permit  to  be  sold 
on  his,  her,  their  or  its  premises,  or  to  sell  or  assist  in  selling  else¬ 
where  in  said  Town,  or  to  take  orders  from  and  deliver  to  consumers, 
on  any  street  or  other  place  in  said  Town,  any  wine,  rum,  gin,  brandy, 
whiskey,  cider  spirits,  or  other  ardent  spirits  or  any  ale,  beer,  porter, 
or  any  spirituous,  vinous,  brewed  or  malt  liquors,  until  such  person 
or  corporation  or  association,  shall  have  been  first  licensed  therefor 
by  the  Town  Council  of  the  said  Town  of  Montclair,  in  the  County 
of  Essex ;  provided,  however,  that  any  druggist  or  pharmacist,  regu¬ 
larly  employed  in  carrying  on  the  drug  and  pharmacy  business,  may 


232 


ORDINANCES. 


sell  said  liquors  or  any  of  them,  by  less  measures  than 
one  quart,  without  a  license  for  that  purpose  first  had  and 
obtained ;  provided,  however,  that  such  liquors  so  sold  be  in  good 
faith  compounded  or  sold  for  medicinal  purposes  and  uses  only,  upon 
the  prescription  of  a  reputable  physician  of  the  Town  of  Montclair, 
signed  by  such  physician,  said  liquor  so  sold  or  compounded  not  to 
be  used  or  drank  on  or  about  the  premises  where  sold. 

No  person,  corporation,  co-partnership,  or  association  shall  here¬ 
after  sell,  transfer,  distribute  or  deliver  any  spirituous,  vinous,  malt 
or  other  strong  or  intoxicating  liquors  to  any  person  within  the  limits 
of  the  Town  of  Montclair  without  first  being  licensed  under  this 
ordinance;  provided,  however,  that  nothing  herein  contained  shall  be 
held  to  forbid  the  delivery  in  said  Town  of  any  liquors  which  may 
have  been  in  good  faith  lawfully  sold  outside  the  Town  of  Montclair 
and  ordered  to  be  delivered  at  some  specified  place  or  to  some  specified 
person  within  said  Town. 

Sec.  2.  No  person  or  persons,  corporation  or  association  whatever, 
shall  hereafter  be  allowed  within  the  limits  of  the  said  Town  to  carry 
on  within  said  Town  the  business  of  buying  beer  in  quantities  and 
bottling  and  selling  the  same  when  bottled  not  to  be  drunk  on  the 
premises  where  bottled,  or  selling  bottled  beer  not  to  be  drunk  on  the 
premises  where  sold,  until  such  person  or  persons,  corporation  or 
association,  shall  have  been  first  licensed  therefor  by  the  Town  Council 
of  the  said  Town  of  Montclair,  in  the  County  of  Essex;  provided, 
however,  that  any  person  having  what  is  known  as  a  wholesale  license 
for  the  sale  of  spirituous,  vinous,  malt  or  brewed  liquors  in  quantities 
from  one  quart  to  five  gallons  not  to  be  drunk  on  the  premises  where 
sold,  shall  be  exempt  from  the  provisions  or  operations  of  this  section. 

That  no  person  shall  be  licensed  to  carry  on  within  the  said  Town 
the  business  of  buying  beer  in  quantities  and  bottling  and  selling  the 
same  when  bottled  not  to  be  drunk  on  the  premises  where  bottled,  or 
selling  bottled  beer  not  to  be  drunk  on  the  premises  where  sold, 
unless  a  written  application  for  the  license  shall  be  made  and  signed 
by  the  applicant  stating  the  place  where  he  proposes  to  locate  his 
place  of  business;  said  application  shall  be  accompanied  by  a  bond  to 
the  Town  of  Montclair,  in  the  County  of  Essex,  in  the  sum  of  one 
thousand  dollars  signed  by  the  applicant  and  by  two  resident  free¬ 
holders  of  the  Town  who  shall  justify  as  sureties  in  the  sum  of  five 
hundred  dollars  each,  conditioned  that  if  such  application  shall  be 


ORDINANCES. 


233 


granted,  such  applicant  will  comply  with  all  the  laws  of  the  State  of 
New  Jersey  relating  to  the  business  of  buying  beer  in  quantities  and 
selling  the  same  when  bottled  not  to  be  drunk  on  the  premises  where 
bottled,  or  selling  bottled  beer  not  to  be  drunk  on  the  premises 
where  sold,  and  all  the  provisions  of  this  ordinance  in  respect  to  the 
same.  Said  application  under  this  section  may  be  in  writing  or 
partly  written  and  printed.  Upon  being  satisfied  that  the  license  fee 
provided  by  this  ordinance  has  been  deposited  with  the  Clerk  of  said 
Town  and  before  action  thereon,  one  week’s  notice  of  such  application, 
stating  the  names  of  the  applicant  and  bondsmen  and  the  place  where 
it  is  proposed  to  locate  such  place  of  business  shall  be  published  in 
the  official  newspaper  of  the  Town,  and  after  hearing  objections  that 
may  be  made  to  the  granting  of  such  license,  the  Council  shall  grant 
or  refuse  the  same  in  its  discretion.  All  licenses  under  this  section 
shall  run  for  the  term  of  one  year  from  the  first  day  of  July  to  the 
thirtieth  day  of  June,  both  dates  inclusive,  and  no  longer. 

Every  person,  except  those  mentioned  in  the  proviso  of  Section  2 
of  this  ordinance,  carrying  on  the  business  specified  in  Section  2  of 
this  ordinance  without  a  license  for  that  purpose  first  had  and  obtained, 
as  in  this  ordinance  directed,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  a  fine  of  one  hundred 
dollars,  and  for  the  second  offence  shall  be  punished  by  imprisonment 
in  the  county  jail  for  a  term  of  three  months. 

Section  3.  No  person  or  persons,  corporation  or  association, 
licensed  to  keep  an  inn  or  tavern  within  the  limits  of  said  Town  of 
Montclair,  in  the  County  of  Essex,  shall  sell  or  permit  to  be  sold,  on 
his,  her,  their  or  its  premises,  any  wine,  rum,  gin,  brandy,  whisky, 
cider  spirits  or  other  ardent  spirits,  or  any  ale,  beer,  porter,  or  any 
spirituous,  vinous,  brewed  or  malt  liquors  in  quantities  of  from  one 
quart  to  five  gallons  to  be  drank  off  the  premises  where  sold,  and 
no  license  to  keep  an  inn  or  tavern  shall  be  granted  by  the  Town 
Council  of  the  Town  of  Montclair,  unless  the  license  fee,  provided 
by  this  ordinance,  shall  have  been  deposited  with  the  Clerk  of  the 
said  Town  of  Montclair,  and  the  application  therefor  shall  have  been 
made  in  writing,  stating  the  location  of  the  proposed  inn  and  tavern 
and  signed  by  the  applicant,  who  shall  certify  under  oath  that  he 
has  two  spare  beds  more  than  necessary  for  his  family’s  use  and  is 
well  provided  with  house  room,  stabling  and  provender;  said  applica¬ 
tion  shall  be  accompanied  by  a  bond  to  the  Town  of  Montclair,  in 


234 


ORDINANCES. 


the  County  of  Essex,  in  the  sum  of  one  thousand  dollars,  signed  by 
the  applicant  and  two  resident  freeholders  of  the  ward  where  the 
proposed  inn  or  tavern  is  to  be  located,  who  shall  justify  as  sureties 
in  the  sum  of  five  hundred  dollars  each,  conditioned  that  if  such 
application  shall  be  granted  the  applicant  shall  comply  with  the  laws 
of  the  State  of  New  Jersey  relating  to  inns  and  taverns  and  all  the 
provisions  of  this  ordinance. 

The  sureties  referred  to  in  this  section  shall  be  eligible  as  bondsmen 
for  only  one  applicant  for  license  during  the  same  year. 

Before  any  such  license  shall  be  granted  one  week’s  notice  shall  be 
published  in  the  official  newspaper  of  the  town,  setting  forth  the 
names  of  the  applicant  and  bondsmen,  and  the  place  where  it  is  pro¬ 
posed  to  locate  such  inn  or  tavern,  and  opportunity  shall  be  given 
to  all  persons  interested,  to  make  known  any  facts  or  objections 
within  their  individual  knowlerge,  if  any  there  be,  why  such  license 
should  not  be  granted,  and  after  hearing  such  objections,  if  any  there 
be,  the  Council  may  in  its  discretion  grant  or  refuse  the  license  applied 
for. 

Sec.  4.  That  no  person  shall  be  licensed  to  sell  ale,  strong  beer, 
lager  beer,  porter,  wine  or  other  malt  liquors,  in  quantities  less  than 
one  quart,  to  be  drank  on  or  about  the  premises  where  sold,  within 
the  limits  of  said  town,  unless  a  written  application  for  the  license 
shall  be  made  and  signed  by  the  applicant  stating  the  kind  or  kinds  of 
malt  liquors  he  proposes  to  sell  and  the  place  where  he  proposes  to 
locate  his  place  of  business,  which  shall  be  in  the  front  portion  of  a 
building  or  a  public  street  and  within  thirty  feet  of  the  street  line, 
after  which  shall  follow  an  affidavit  of  the  applicant  that  he  will 
keep  a  quiet  and  orderly  house  according  to  the  requirements  of  the 
law  and  the  provisions  of  this  ordinance;  such  application  shall  be 
accompanied  by  a  bond  to  the  Town  of  Montclair,  in  the  County  of 
Essex,  in  the  sum  of  one  thousand  dollars,  signed  by  the  applicant 
and  two  resident  freeholders  of  the  ward  where  said  applicant  proposes 
to  locate  his  place  of  business,  who  shall  justify  as  sureties  in  the 
sum  of  five  hundred  dollars  each,  conditioned  that  if  the  application 
be  granted  said  applicant  will  conform  to  all  the  requirements  of 
law  relating  to  saloons  and  all  the  provisions  of  this  ordinance.  The 
sureties  referred  to  in  this  section  shall  be  eligible  as  bondsmen  for 
only  one  applicant  for  license  during  the  same  year. 

Upon  the  receipt  of  such  application  and  bond  with  proof  that  the 


ORDINANCES. 


235 


license  fee  required  by  this  ordinance  has  been  deposited  with  the 
Clerk  of  said  Town  and  before  action  thereon,  one  week’s  notice  of 
such  application,  stating  the  names  of  the  applicant  and  bondsmen 
and  the  place  where  it  is  proposed  to  locate  such  place  of  business 
shall  be  published  in  the  official  newspaper  of  the  town,  and  after 
hearing  any  objections  that  may  be  made  to  the  granting  of  such  license 
the  Council  shall  grant  or  refuse  the  same  in  its  discretion. 

Sec.  5.  All  applications  for  licenses  to  sell  any  of  the  liquors 
aforesaid,  in  any  quantity  from  one  quart  to  five  gallons  shall  be 
written  or  partly  written,  and  printed,  signed  by  the  applicant,  speci¬ 
fying  the  kind  or  kinds  of  liquors  to  be  sold,  and  the  building  or 
place  in  which  the  sale  of  such  liquor  is  to  be  carried  on.  Upon 
being  satisfied  that  the  license  fee  provided  by  this  ordinance  has 
been  deposited  with  the  Clerk  of  said  Town,  the  Council,  on  the 
presentation  of  the  application  or  at  some  other  time  to  which  the 
same  may  be  deferred,  may,  in  its  discretion,  grant  or  refuse  such 
application  for  license. 

Sec.  6.  That  every  person  before  he  or  she  shall  receive  a  license 
to  sell  spirituous,  vinous,  malt  or  brewed  liquors  within  the  limits 
of  the  Town  of  Montclair  under  this  ordinance,  in  quantities  of  from 
one  quart  to  five  gallons  to  be  drank  off  the  premises  where  sold, 
shall  become  bound  to  the  Town  of  Montclair,  in  the  County  of 
Essex,  in  the  sum  of  one  thousand  dollars  with  two  sufficient  sureties 
being  resident  freeholders  of  the  Town,  who  shall  justify  in  the 
sum  of  five  hundred  dollars  each  conditioned  for  the  observance  of 
this  ordinance. 

Sec.  7.  The  fee  required  to  be  paid  before  granting  a  license  to 
keep  an  inn  or  tavern,  or  to  sell  spirituous,  vinous,  brewed  or  malt 
liquors  in  the  Town  of  Montclair,  in  quantities  less  than  one  quart, 
to  be  drunk  on  or  about  the  premises  where  sold,  shall  be  the  sum  of 
eight  hundred  dollars  per  year,  and  the  fees  required  to  be  paid 
before  the  granting  of  any  license  under  this  ordinance  to  sell  any 
of  the  aforesaid  liquors  in  quantities  of  from  one  quart  to  five  gallons 
shall  be  the  sum  of  seven  hundred  dollars  per  year,  and  the  fee  required 
to  be  paid  before  the  granting  of  any  license  under  this  ordinance  to 
carry  on  within  said  Town  the  business  of  buying  beer  in  quantities 
and  bottling  and  selling  the  same  when  bottled  not  to  be  drunk  on 
the  premises  where  bottled,  or  selling  bottled  beer  not  to  be  drunk 
on  the  premises  where  sold,  shall  be  the  sum  of  six  hundred  dollars 


236 


ORDINANCES. 


per  year,  and  the  license  fee  shall  be  deposited  with  the  Town  Clerk, 
at  the  time  that  the  application  for  such  license  is  filed,  and  if  the 
application  is  rejected  said  deposit  shall  be  returned  to  the  applicant. 

Sec.  8.  All  licenses  for  the  sale  of  spirituous,  vinous,  malt  or 
brewed  liquors  in  the  said  Town  of  Montclair  shall  run  for  the  term 
of  one  year  from  the  first  day  of  July  to  the  thirtieth  day  of  the  fol¬ 
lowing  June,  both  dates  inclusive,  and  no  longer. 

Sec.  9.  No  license  granted  by  the  Town  Council  of  the  Town  of 
Montclair  for  any  of  the  purposes  referred  to  in  Sections  3,  4  and  5 
of  this  ordinance  shall  be  valid  for  any  other  person  or  at  any  other 
place  than  those  named  in  the  license  unless  with  the  consent  of  the 
Town  Council,  and  such  consent  shall  not  be  given,  except  upon  an 
application  in  writing,  signed  by  the  applicant,  if  the  transfer  sought 
be  from  one  place  to  another,  or  by  the  transferee,  if  from  one 
person  to  another,  accompanied  by  a  bond  of  the  same  character  and 
conditions  as  required  in  making  an  original  application  for  such 
license. 

Sec.  10.  No  holder  of  any  such  license  as  is  mentioned  and  referred 
to  in  Sections  3,  4  and  5  of  this  ordinance  shall  sell,  or  offer  for  sale, 
barter  or  give  or  suffer  to  be  sold  or  offered  for  sale,  bartered  or 
given  within  any  tavern,  beer  shop,  liquor  saloon  or  other  premises, 
any  spirituous,  vinous,  malt  or  brewed  liquors,  on  the  first  day  of 
the  week  commonly  called  Sunday;  or  give,  sell  or  deliver,  or  offer 
to  be  given,  sold  or  delivered,  any  such  liquors  to  any  boy  or  girl 
under  the  age  of  twenty-one  years;  or  sell  or  furnish  any  of  the 
liquors  aforesaid  to  any  person  known  in  the  neighborhood  to  be  of 
confirmed  intemperate  habits  or  who  is  visibly  under  the  influence  of 
intoxicating  liquors;  or  keep  a  disorderly  house,  or  harbor  drunken 
persons,  thieves,  gamblers,  prostitutes  or  other  disorderly  persons,  or 
suffer  gambling  or  unlawful  games  of  chance  or  other  unlawful  acts 
to  be  done  or  carried  on  in  his  tavern,  beer  shop,  liquor  saloon  or  other 
premises. 

Sec.  11.  No  saloon  keeper,  tavern  keeper  or  other  dealer  in  alco¬ 
holic  or  malt  liquors  shall  permit  any  boy  or  girl  under  the  age  of 
twenty-one  years  to  lounge  in  or  frequent  the  rooms  or  places  where 
such  liquors  are  kept  or  sold. 

Sec.  12.  Every  holder  of  a  license  to  keep  an  inn  or  tavern  for 
the  sale  of  spirituous,  vinous,  malt  or  brewed  liquors  shall  keep  the 
license  displayed  in  a  conspicuous  position  in  the  room  or  place  where 


ORDINANCES. 


237 


his  or  their  sales  are  made ;  and  any  omission  so  to  display  and 
exhibit  such  license  shall  be  presumptive  evidence  that  any  person  or 
persons  omitting  to  display  or  exhibit  the  same  has  or  have  no  license. 

Sec.  13.  Every  inn  and  tavern,  ale  and  lager  beer  saloon,  whole¬ 
sale  and  retail  liquor  store,  within  the  limits  of  the  Town  of  Mont¬ 
clair  shall  be  closed  between  the  hours  of  eleven  o’clock  in  the  evening 
and  seven  o’clock  in  the  morning  of  the  following  day,  and  during 
all  of  Sunday,  and  every  election  day  until  the  polls  are  closed,  and 
on  all  legal  holidays  where  the  law  of  the  State  of  New  Jersey  allows 
of  no  sale  on  such  holidays,  and  on  all  other  legal  holidays  from 
one  o’clock  in  the  afternoon  till  seven  o’clock  in  the  morning  of  the 
following  day ;  and  during  the  times  herein  specified  a  full  view  of 
the  entire  interior  of  such  bars  or  business  rooms  in  the  Town  of 
Montclair  shall  not  thereafter  during  the  times  so  specified  as  afore¬ 
said,  be  obstructed  from  the  public  street  by  the  use  of  non-transparent 
glass,  or  of  a  shade,  blind,  shutter,  screen,  merchandise  or  any  other 
article  placed  within  or  without  the  building  in  which  such  room  is 
located.  During  the  times  specified  for  the  closing  of  said  places  no 
person,  except  the  proprietor,  shall  be  permitted,  unless  for  the  pur¬ 
pose  of  cleaning  said  places  and  replenishing  refrigerators,  as  may 
be  necessary,  between  the  hours  of  seven  and  nine-thirty  A.  M.  to 
enter  the  same,  provided,  however,  no  person  except  the  proprietor 
or  his  regular  employees  shall  be  permitted,  unless  in  case  of  fire, 
to  enter  said  places  for  any  purpose,  during  the  times  specified  for 
the  closing  of  the  same. 

Sec.  14.  Every  person  who  shall  sell  or  permit  to  be  sold  upon 
his,  her  or  their  premises  any  spirituous,  vinous,  malt  or  brewed 
liquors  within  the  limits  of  the  Town  of  Montclair,  in  the  County  of 
Essex,  or  who  shall  sell  or  assist  in  selling  such  liquors  elsewhere 
within  the  limits  of  said  Town  of  Montclair,  without  having  first 
obtained  a  license  therefor,  pursuant  to  the  provisions  of  this  ordi¬ 
nance,  and  every  person  to  whom  any  such  license  shall  have  been 
granted,  pursuant  to  Section  4  of  this  ordinance,  who  shall  sell  any 
other  kind  of  liquors  than  are  therein  enumerated,  and  every  person 
to  whom  any  such  license  shall  have  been  granted  pursuant  to  Section  5 
of  this  ordinance  who  shall  sell  any  of  the  liquors  aforesaid  in  any 
quantity  less  than  one  quart,  or  suffer  or  allow  the  same  to  be  drank 
on  the  premises  where  sold,  and  every  person  who  shall  violate  any 
of  the  provisions  of  this  ordinance,  shall  pay  a  fine  of  twenty  dollars 


238 


ORDINANCES. 


for  every  such  offence,  and  in  case  of  non-payment  thereof  be  im¬ 
prisoned  in  the  County  Jail  for  a  period  of  thirty  days;  and  for  a 
second  conviction  within  six  months  of  a  violation  of  any  of  the 
provisions  of  this  ordinance  he  or  she  shall  pay  a  fine  of  one  hundred 
dollars,  or  shall  be  imprisoned  in  the  County  Jail  for  a  term  of  three 
months,  and  in  addition  to  the  penalties  named  in  this  section,  to  be 
incurred  by  any  holder  of  such  license,  his  or  her  license  shall  be 
revoked. 

No  saloon  keeper,  tavern  keeper  or  other  dealer  in  alcoholic  or  malt 
liquors  shall  sell  or  give,  or  suffer  or  permit  any  person  in  his  employ 
to  sell  or  give,  any  kind  of  alcoholic,  vinous  or  malt  liquors  to  any 
policeman  or  fireman  of  the  said  Town  of  Montclair  while  on  duty 
or  while  in  uniform. 

Sec.  15.  If  the  holder  of  any  license  under  the  provisions  of  this 
ordinance  shall  be  convicted  of  being  drunk  on  his  own  premises, 
besides  the  penalty  consequent  on  the  crime  of  drunkenness,  his  license 
shall  immediately  thereupon  become  void. 

Sec.  16.  All  applicants  for  licenses  shall  file  their  applications  and 
bonds  iii  form  as  hereinbefore  prescribed  and  deposit  the  license  fees 
with  the  Clerk  on  or  before  the  first  Monday  in  June  in  each  year. 

Sec.  17.  All  ordinances  or  parts  of  ordinance  inconsistent  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Adopted  May  11th,  1908. 


An  Ordinance  to  Regulate  and  Prohibit  the  Kindling  of  Fires  and  Burning 
of  Papers  and  Rubbish  in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows : 

Section  1.  No  person,  firm  or  corporation  shall  hereafter  kindle 
any  fire  on  any  public  street,  or  in  any  alley  or  open  lot  of  land,  or 
yard,  within  the  fire  limits  of  the  Town  of  Montclair,  without  first 
having  secured  a  permit  so  to  do  from  the  Inspector  of  Buildings, 
and  no  person,  firm  or  corporation  shall,  within  the  fire  limits,  on 
any  street  or  in  any  alley  or  yard,  or  upon  any  open  Jot,  burn  or 


ORDINANCES. 


239 


consume  by  fire  any  rubbish,  wood  or  other  material  of  any  kind  at 
any  time. 

Sec.  2.  Any  person,  firm  or  corporation  violating  the  above  pro¬ 
visions  of  this  ordinance  shall  be  liable  to  forfeit  and  pay  a  penalty 
of  twenty  ($20)  dollars  for  each  and  every  such  offence. 

Adopted  November  11,  1907. 


An  Ordinance  for  the  Control  of  Barking  Dogs  and  Dogs  Running  at  Large. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

Section  1.  No  person  shall  suffer  any  dog  owned  or  harbored 
by  him  to  attack  or  bite  any  person  while  upon  any  street  or  public 
place,  or  while  such  dog  is  trespassing  upon  the  property  of  another. 

Sec.  2.  The  penalty  for  the  first  conviction  for  breach  of  Section  1 
of  this  ordinance  shall  be  a  fine  of  Five  Dollars,  and  upon  a  second 
conviction  for  breach  thereof,  the  dog  shall  be  destroyed  and  the 
guilty  person  shall  be  subject  to  a  fine  of  Ten  Dollars. 

Sec.  3.  No  person  shall  permit  any  dog  owned  or  controlled  by 
him  to  disturb  the  sleep  and  rest  of  the  neighborhood  by  barking  or 
howling  between  the  hours  of  9  p.  m.  and  6  a.  m.  of  the  following  day. 

Sec.  4.  The  penalty  for  the  first  conviction  for  breach  of  Section  3 
of  this  ordinance  shall  be  a  fine  of  Five  Dollars  and  the  penalty  for 
each  subsequent  conviction  for  breach  thereof  shall  be  a  fine  of  Ten 
Dollars. 

Sec.  5.  This  ordinance  shall  take  effect  immediately. 


Adopted  June  22,  1908. 


240 


ORDINANCES. 


An  Ordinance  to  Include  Within  the  Limits  of  the  First  Ward  of  the  Town 
of  Montclair,  in  the  County  of  Essex,  a  Certain  Territory  Annexed  to 
Said  Town  by  the  Legislature  of  the  State  of  New  Jersey. 

Whereas,  the  Legislature  of  the  State  of  New  Jersey,  session  of 
1907,  passed  an  Act  whereby  the  territory  below  described  was  set 
off  from  the  Townships  of  Acquackanonk  and  Little  Falls  and  an¬ 
nexed  to  the  Town  of  Montclair,  in  the  County  of  Essex,  which  terri¬ 
tory  is  bounded  and  described  as  follows : 

Beginning  at  a  point  in  the  line  between  the  County  of  Essex  and 
County  of  Passaic,  where  said  line  intersects  the  easterly  line  of 
the  Greenwood  Lake  Branch  of  the  Erie;  thence  northerly  along  the 
easterly  line  of  said  railroad  to  the  line  of  land  of  the  North  Jersey 
Land  Company;  thence  easterly,  along  the  line  between  lands  of  said 
North  Jersey  Land  Company  and  lands  of  the  State  of  New  Jersey, 
to  the  northeasterly  corner  of  lands  of  the  State  of  New  Jersey; 
thence  southerly  along  the  line  of  lands  of  the  State  of  New  Jersey 
to  a  corner  in  said  lands;  thence  easterly  to  Valley  Road;  thence 
southerly  along  the  westerly  side  of  Valley  Road  to  Fifth  avenue; 
thence  westerly  along  Fifth  avenue  to  a  point  in  the  line  between  the 
County  of  Passaic  and  the  County  of  Essex ;  thence  along  said  county 
line  to  the  point  or  place  of  beginning. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair, 
in  the  County  of  Essex,  as  follows : 

Section  1.  The  above  described  land  and  territory  is  hereby  an¬ 
nexed  to  and  made  a  part  of  and  included  within  the  limits  of  the 
first  election  district  of  the  First  Ward  of  the  Town  of  Montclair. 

Sec.  2.  This  ordinance  shall  take  efifect  immediately. 

Adopted  May  25,  1908. 


SANITARY  CODE. 


An  Ordinance  Establishing  a  Sanitary  Code  for  the  Town  of  Montclair. 

The  Board  of  Health  of  the  Town  of  Montclair,  in  the  County  of 
Essex,  by  virtue  of  the  provisions  of  the  act  of  the  Legislature  of 
New  Jersey,  entitled  “An  Act  to  Establish  in  this  State  Boards  of 
Health  and  a  Bureau  of  Vital  Statistics,  and  to  define  their  Respec¬ 
tive  Powers  and  Duties,”  approved  March  31,  1887,  and  of  other 
acts,  doth  hereby  ordain  as  follows : 

ARTICLE  I. 
definition  of  terms. 

Section  1.  The  term  “Board  of  Health”  or  “Board”  as  used  in 
this  ordinance  shall  be  construed  to  mean  the  Board  of  Health  of 
the  Town  of  Montclair  or  its  official  representative,  except  where 
otherwise  specified,  when  the  Board  is  not  in  session. 

Sec.  2.  The  term  “Person”  as  used  in  this  ordinance  shall  be 
construed  to  mean  any  person  or  persons,  corporation  or  association 
of  persons. 

Sec.  3.  The  term  “Food”  as  used  in  this  ordinance  shall  include 
every  article  used  for  food  or  drink  by  man,  and  every  ingredient 
in  such  article,  and  all  confectionery. 

ARTICLE  II. 

NUISANCES. 

Sec.  1.  Whatever  is  dangerous  to  human  health,  whatever  renders 
the  ground,  the  water,  the  air,  or  food  a  hazard  or  an  injury  to 


241 


242 


SANITARY  CODE. 


human  health,  and  the  following  specific  acts,  conditions  and  things 
are,  each  and  ali  of  them*  hereby  declared  to  constitute  nuisances : 

(a)  The  deposit  or  accumulation  of  any  foul,  decaying,  or  putres¬ 
cent  substance  or  other  offensive  matter  in  or  upon  any  lot,  street, 
or  highway  or  in  or  upon  any  public  or  private  place;  the  storage  of 
such  foul  or  decaying  or  putrescent  matter  in  liquid  or  solid  form 
in  any  vault,  cesspool  or  other  receptacle ;  the  overflow  of  any  foul 
liquids  or  the  escape  of  any  gases  to  such  extent  that  the  same  or 
any  one  of  them  shall  become  or  be  likely  to  become  hazardous  to 
health  or  that  the  same  shall,  by  reason  of  offensive  odors,  become 
a  source  of  discomfort  to  persons  living  or  passing  in  the  vicinity 
thereof. 

(b)  A  polluted  well,  spring,  or  stream  or  the  pollution  of  any 
body  of  water  used  for  drinking  purposes. 

(c)  The  maintenance  of  any  privy  vault  or  cesspool. 

(d)  Keeping  any  building  or  room  in  such  a  state  of  uncleanli¬ 
ness  or  the  crowding  of  persons  in  any  building  or  room  in  such  a 
manner  as  to  endanger  the  health  of  the  persons  dwelling  therein; 
or  so  that  there  shall  be  less  than  four  hundred  (400)  cubic  feet  of 
air  to  each  adult  and  one  hundred  and  fifty  (150)  cubic  feet  of  air 
to  each  child  under  twelve  years  of  age  occupying  such  building  or 
room. 

(e)  Allowing  cellars  to  be  used  as  sleeping  rooms. 

(f)  A  building  or  portion  of  a  building  occupied  as  a  dwelling 
which  is  not  lighted  and  ventilated  by  means  of  at  least  one  window 
in  each  room,  said  window  opening  to  the  outer  air;  which  is  not 
provided  with  a  plentiful  supply  of  pure  water;  which  is  not  pro¬ 
vided  with  at  least  one  water  closet  (or  privy  when  no  sewer  is 
available)  for  every  two  families;  which  is  not  provided  with  one 
sink  for  each  family,  said  sink  to  be  connected  to  a  properly  con¬ 
structed  cesspool  if  no  sewer  is  available;  and  which  is  not  provided 
with  plumbing  that  is  kept  at  all  times  in  a  sanitary  condition. 

(g)  Renting  or  occupying  any  building  or  portion  of  a  building, 
dwellings  excepted,  for  any  purpose  whatsoever  except  it  be  pro¬ 
vided  with  at  least  one  water  closet  for  every  fifteen  persons,  or 
fraction  thereof,  employed  therein. 

(h)  The  accumulation  of  manure  unless  it  be  in  a  properly  con¬ 
structed  pit. 

(i)  The  accumulation  of  water  in  which  mosquito  larvae  breed. 


SANITARY  CODE. 


243 


Sec.  2.  Any  person  maintaining  or  aiding  in  the  creation  or  main¬ 
tenance  of  any  nuisance  shall,  upon  conviction  thereof,  forfeit  and 
pay  a  penalty  of  ten  dollars  for  the  first  offense  and  twenty-five  dol¬ 
lars  for  each  subsequent  offense,  and  each  day  during  which  a  nui¬ 
sance  is  allowed  to  exist  shall  constitute  a  separate  and  distinct 
offense. 


ARTICLE  III. 

PRIVY  VAULTS,  CESSPOOLS  AND  MANURE  PITS. 

Sec.  1.  No  privy  vault,  cesspool  nor  manure  pit  shall  hereafter 
be  constructed  in  the  Town  of  Montclair  without  a  permit  therefor 
from  this  Board.  This  shall  not  prohibit  the  construction  of  tem¬ 
porary  privy  vaults  during  the  erection  of  new  buildings;  but  in  all 
such  cases  the  contractor  shall  cause  the  contents  of  such  vaults  to 
be  covered  with  lime,  fresh  earth  or  ashes  twice  each  day.  All  privy 
vaults,  cesspools  and  manure  pits  for  the  construction  of  which  per¬ 
mits  may  be  granted  shall  be  built  water  tight  and  shall  be  fly-proof, 
and  all  existing  privy  vaults,  cesspools  and  manure  pits  shall  be 
made  fly-proof  within  thirty  days  of  the  passage  of  this  ordinance. 

Sec.  2.  No  privy  vault  nor  cesspool  shall  hereafter  be  constructed 
or  maintained  on  any  lot  or  premises  having  a  sewer  connection  or 
abutting  on  a  street  in  which  there  is  a  sewer;  and  no  privy  vault, 
cesspool  nor  manure  pit  shall  hereafter  be  constructed  within  fifty 
feet  of  any  spring,  well  or  stream,  within  five  feet  of  any  party  line 
or  fence,  within  fifteen  feet  of  the  line  of  any  street  or  within 
twenty-five  feet  of  the  door  or  window  of  any  house;  nor  shall  any 
cover  be  put  upon  or  over  the  same  until  the  said  privy  vault,  cesspool 
or  manure  pit  has  been  inspected  and  approved  by  the  Board  of 
Health. 

Sec.  3.  No  rain  water  leader,  waste  pipe  nor  soil  pipe  shall  dis¬ 
charge  into  or  be  connected  with  any  privy  vault,  nor  shall  a  privy 
vault,  cesspool  or  manure  pit  be  directly  or  indirectly  connected  with 
any  sewer.  No  drainage  from  any  stable  or  other  building  shall 
discharge  into  a  manure  pit.  Every  manure  pit  shall  be  kept  dry. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of  this  article 
shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  ten  dol¬ 
lars,  and  each  day  during  which  a  violation  of  this  article  is  allowed 
to  exist  shall  constitute  a  separate  and  distinct  offense. 


244 


SANITARY  CODE. 


ARTICLE  IV. 

STORAGE,  REMOVAL  AND  DISPOSAL  OF  REFUSE  MATTER. 

Sec.  1.  No  privy  vault  nor  cesspool  in  the  Town  of  Montclair 
shall  hereafter  be  cleaned,  nor  shall  any  material  from  the  same,  nor 
any  garbage,  ashes,  swill,  refuse,  dead  animals  or  other  matter  which 
is  or  which  may  become  offensive  or  dangerous  to  health,  be  con¬ 
veyed  through  the  streets  of  Montclair,  by  any  person  who  has  not 
first  obtained  a  license  from  this  Board  permitting  him  to  perform 
such  services  or  acts  in  accordance  with  the  provisions  of  this  ar¬ 
ticle  and  of  such  other  ordinances,  rules  and  regulations  as  the 
Board  may  from  time  to  time  adopt. 

Sec.  2.  All  persons  required  by  the  preceding  section  to  obtain 
a  license  shall  make  application  for  the  same  to  the  Board  of  Health, 
in  writing,  stating  the  nature  of  the  business  they  intend  to  conduct, 
or  the  acts  to  be  performed,  the  number  and  kind  of  wagons  or  other 
vehicles  to  be  used  in  such  business  and  the  disposition  to  be  made 
of  the  material  they  may  remove,  collect  or  convey,  and  also  stating 
such  other  information  as  the  Board  of  Health  may  from  time  to 
time  require.  In  case  an  application  is  granted,  the  Board  of  Health, 
at  a  regular  meeting,  shall  issue  a  license  for  one  year  to  the  applicant 
upon  receipt  of  the  proper  license  fee  or  fees  established  by  this 
article. 

Sec.  3.  The  license  fee  to  be  paid  under  this  article  shall  be  as 
follows  : 

For  each  permit  to  empty  cesspools,  the  sum  of  ten  dollars  for 
the  first  wagon  or  other  vehicle,  and  the  sum  of  five  dollars  for 
each  additional  vehicle. 

For  each  permit  to  empty  privy  vaults,  the  sum  of  ten  dollars  for 
the  first  wagon  or  other  vehicle,  and  the  sum  of  five  dollars  for  each 
additional  vehicle. 

For  each  permit  to  remove  dead  animals,  the  sum  of  two  dollars 
without  regard  to  the  number  of  vehicles  employed. 

For  each  permit  to  collect  and  remove  garbage,  ashes,  swill  and 
other  material  included  in  Section  1,  and  not  previously  included  in 
this  section,  the  sum  of  three  dollars  for  the  first  wagon  or  other 
vehicle  employed,  and  the  sum  of  one  dollar  for  each  additional 
wagon  or  vehicle. 


SANITARY  CODE. 


245 


Such  license  may  be  revoked  at  any  time  by  the  Board  whenever, 
in  its  judgment,  the  licensee  has  violated  any  provision  of  this 
article  or  any  rule,  regulation  or  order  made  by  this  Board. 

Sec.  4.  All  vehicles  or  receptacles  used  under  any  permit  from 
the  Board  of  Health  shall  be  such  as  may  be  approved  by  the  said 
Board,  shall  be  kept  clean  and  inoffensive,  and  shall  be  covered  with 
tightly  fitting  wooden,  metal  or  canvas  covers,  securely  fastened,  which 
covers  shall  be  kept  closed  at  all  times,  except  when  opened  for  the 
admission  or  discharge  of  proper  matter. 

Sec.  5.  None  of  the  material  collected,  conveyed  or  handled  under 
this  article  shall  be  disposed  of  within  the  Town  of  Montclair  in 
any  manner  not  approved  by  the  Board  of  Health;  and  every  person 
removing  night  soil  from  a  privy  vault  or  cesspool  shall  notify  this 
Board  immediately  of  the  disposition  made  of  the  contents  thereof. 

No  garbage,  offal,  nor  other  decaying  or  putrescible  matter,  either 
by  itself  or  in  connection  with  ashes  or  other  harmless  matter,  shall 
be  used  for  the  purpose  of  filling  in  any  lot  or  other  space. 

Sec.  6.  All  garbage  and  offal  which  shall  accumulate  anywhere  in 
the  Town  of  Montclair,  or  which  is  stored,  kept  or  retained  therein, 
shall  be  kept  in  water-tight  iron  or  steel  receptacles  provided  with 
tightly  fitting  covers,  all  properly  treated  to  prevent  corrosion.. 

Sec.  7.  The  contents  of  said  receptacles  shall  be  emptied  only 
into  vehicles  licensed  by  this  Board.  Said  receptacles  shall  be  kept 
clean,  and  no  rain-water  nor  any  other  fluid  shall  be  allowed  to  enter 
therein,  except  for  purposes  of  cleaning. 

Sec.  8.  No  such  vehicle  shall  stand  in  the  streets  or  other  public 
places  at  any  time  except  when  being  loaded. 

Every  wagon  and  vehicle  licensed  under  this  article  shall  have  its 
license  number  conspicuously  painted  upon  each  side  thereof,  in  figures 
at  least  four  inches  high. 

Sec.  9.  Any  person  violating  any  of  the  provisions  of  this  article 
shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  ten  dol¬ 
lars  for  each  offense. 


ARTICLE  V. 

SPITTING  IN  PUBLIC  PLACES. 

Sec.  1.  Spitting  upon  the  floor,  platform  or  any  other  part  of  a 
public  conveyance,  upon  the  floor,  steps  or  stairs  of  any  public  build- 


246 


SANITARY  CODE. 


ing,  school,  church,  store,  shop  or  railway  station,  upon  the  sidewalk 
of  any  public  or  private  street,  upon  the  pathway  of  any  park,  or 
in  any  other  public  place,  is  hereby  declared  to  be  a  nuisance,  and 
any  peison  or  persons  creating  such  a  nuisance  shall,  upon  conviction 
thereof,  forfeit  and  pay  a  penalty  of  two  dollars  for  each  offense. 

ARTICLE  VI. 

SWINE  AND  CATTEE. 

Sec.  1.  Any  person  desiring  to  keep  swine  or  cows  within  the 
Town  of  Montclair  shall,  before  keeping  the  same,  apply  to  the  Board 
of  Health  in  writing,  stating  the  location  of  the  enclosure  in  which 
it  is  proposed  to  keep  the  said  swine  or  cows  and  the  approximate 
number  which  is  to  be  kept  in  said  enclosure;  and  no  person  shall 
keep  the  said  swine  or  cows  unless  said  petition  is  favorably  acted 
upon  by  the  Board  of  Health  at  a  regular  meeting,  and  a  permit  in 
writing  is  granted  by  said  Board. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  this  article 
shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  ten  dol¬ 
lars,  and  each  day  during  which  a  violation  of  this  article  is  allowed 
to  exist  shall  constitute  a  separate  and  distinct  offense. 

ARTICLE  VII. 

EOOD. 

Sec.  1.  The  sale  or  exposure  for  sale  of  any  article  of  food  that 
is  decayed  or  putrefied,  or  that  has  become  chemically  or  physically 
changed  so  that  it  is  unwholesome  or  unfit  for  food,  or  that  has 
been  exposed  to  the  infection  of  any  communicable  disease,  is  hereby 
prohibited,  and  all  such  food  shall  be  disposed  of  in  a  manner  ap¬ 
proved  by  this  Board. 

Sec.  2.  All  fruit  vegetables  and  other  food  stored  or  exposed 
for  sale  upon  any  sidewalk  or  outside  of  any  building  in  the  Town 
of  Montclair  shall  be  placed  upon  stands,  tables  or  other  structures 
having  a  height  of  at  least  twenty  inches  above  the  sidewalk  or 
ground.  No  food  which  ordinarily  is  consumed  without  further 
cooking  (fruit  and  vegetables  excepted)  shall  be  exposed  for  sale 


SANITARY  CODE. 


24  7 


outside  any  building  or  within  any  store,  or  delivered  except  in  closed 
containers. 

Sec.  3.  No  sleeping  room  nor  any  room  of  a  dwelling,  apartment 
or  tenement  shall  be  directly  connected  with  a  room  which  is  used 
as  a  restaurant  or  public  dining  room  or  with  the  room  in  which  the 
food  for  consumption  in  said  dining  room  is  to  be  prepared  or  cooked. 

Sec.  4.'  No  store  in  which  food  is  sold  shall  be  directly  connected 
with  any  sleeping  room  or  with  any  room  of  a  dwelling,  apartment 
or  tenement. 

Sec.  5.  All  bakeries  or  bake  shops  in  the  Town  of  Montclair  shall 
be  open  at  any  time  to  inspection  by  this  Board.  Said  bakeries  or 
bake  shops  shall  be  kept  in  a  thoroughly  sanitary  condition,  shall  be 
used  for  no  other  purpose  and  shall  not  be  connected  with  any  sleep¬ 
ing  room  nor  with  any  room  of  a  dwelling,  apartment  or  tenement. 

Sec.  6.  All  persons  engaged  in  the  sale  of  ice  cream  in  the  Town 
of  Montclair  shall  file  with  this  Board  before  the  first  day  of  June 
of  each  year  a  true  statement  of  the  place  where  the  milk  and  cream 
to  be  used  is  produced,  of  the  place  of  manufacture  and  from  whom 
said  ice  cream  is  purchased.  All  premises  where  ice  cream  is  manu¬ 
factured  for  sale  in  Montclair  shall  be  kept  in  a  thoroughly  sanitary 
condition  and  shall  be  open  to  this  Board  for  inspection  at  any  time. 
No  refrozen  ice  cream,  nor  any  ice  cream  one  or  all  of  the  various 
ingredients  of  which  could  not  be  sold  separately  under  this  ordinance, 
shall  be  sold  or  offered  for  sale  in  the  Town  of  Montclair. 

Sec.  7.  All  persons  hereafter  engaged  in  the  sale  of  ice  in  the 
Town  of  Montclair  shall  file  with  this  Board  before  the  first  day  of 
June  of  each  year  a  complete  list  of  places  from  which  said  supply 
is  originally  obtained,  and  said  Board  shall  be  notified  immediately  of 
any  change  in  the  source  of  the  supply.  No  supply  shall  be  obtained 
from  a  source  which  is  contaminated  or  which  is  so  situated  that  it 
may  become  contaminated. 

Sec.  8.  No  milk  shall  be  sold  from  any  store  unless  said  store 
has  adequate  facilities  for  keeping  said  milk  at  a  temperature  below 
50  deg.  F.,  and  no  milk  shall  be  stored  or  sold  at  a  temperature 
higher  than  50  deg.  F.  All  milk  shall  be  kept  and  delivered  in  the 
original  bottles. 

Sec.  9.  All  refrigerators  or  ice  boxes  maintained  in  any  butcher 
shop  or  other  mercantile  shop  in  the  Town  of  Montclair  shall  be  open 
to  inspection  by  this  Board  at  any  time  when  business  is  being  carried 


248 


SANITARY  CODE. 


on  in  said  shop.  No  person  shall  allow  any  animal  or  vegetable  mat¬ 
ter  which  is  foul  or  which  is  in  a  state  of  decay  to  remain  within 
said  refrigerator  or  ice  box,  nor  shall  the  said  refrigerator  or  ice 
box  be  allowed  to  become  foul  or  malodorous. 

Sec.  10.  All  glasses  or  other  drinking  utensils  used  at  soda  foun¬ 
tains,  inn-taverns,  or  at  other  refreshment  stands,  shall  be  washed  and 
rinsed  in  running  water  before  each  separate  use  thereof. 

Sec.  11.  Any  person  violating  any  of  the  provisions  of  this  article 
shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  ten  dol¬ 
lars  for  the  first  offense  and  twenty-five  dollars  for  each  subsequent 
offense. 


ARTICLE  VIII. 

MILK  AND  ITS  PRODUCTION. 

Sec.  1.  No  milk  shall  hereafter  be  produced,  sold,  exposed  for 
sale  or  delivered  within  the  Town  of  Montclair  unless  it  is  produced 
and  handled  in  accordance  with  the  requirements  of  this  article. 

Sec.  2.  No  person  shall  hereafter  engage  in  the  sale  or  exposure 
for  sale  of  milk  within  the  Town  of  Montclair  without  first  having 
filed  with  the  Board  of  Health  a  true  and  complete  statement  of  the 
locality  from  which  all  the  milk  they  handle  is  produced,  a  complete 
list  of  the  persons  from  whom  the  said  milk  is  purchased,  and  a 
complete  list  of  the  localities  from  which  ice  for  cooling  purposes  is 
obtained;  and  if  at  any  time  the  place  at  which  said  milk  is  produced 
or  the  persons  from  whom  the  said  milk  is  purchased  or  the  locality 
from  which  said  ice  is  obtained  be  changed,  the  said  Board  shall  be 
notified  immediately.  On  or  before  the  fifteenth  day  of  June  and  of 
December  of  each  year,  and  at  any  other  time  within  three  days  of 
the  receipt  of  a  request  therefor,  any  person  engaged  in  the  sale  of 
milk  in  Montclair  shall  furnish  said  Board  with  a  complete  list  of 
all  persons  to  whom  milk  is  regularly  sold. 

Sec.  3.  All  premises  whereon  milk  is  produced  or  handled  for 
sale  or  distribution  in  the  Town  of  Montclair  shall  be  open  to  this 
Board  for  inspection  at  any  time,  and  owners  of  cows  from  which 
said  milk  is  produced  shall  permit  a  veterinarian  in  the  employ  of 
this  Board  to  examine  said  cows  at  any  time. 

Sec.  4.  Stables.  Cows  shall  be  stabled  under  light,  dry  and  well 


SANITARY  CODE. 


249 


ventilated  conditions,  and  the  stables  shall  conform  in  all  respects  to 
the  requirements  hereinafter  set  forth,  viz. : 

(a)  Any  portion  of  a  barn  used  as  a  cow  stable  shall  be  tightly 
ceiled  overhead  shall  be  entirely  partitioned  off  from  the  rest  of  the 
barn  and  shall  not  be  used  for  the  storage  of  farm  utensils,  nor  for 
any  other  purpose. 

(b)  The  walls  and  ceilings  of  said  stables,  not  otherwise  treated 
in  a  manner  approved  by  this  Board,  shall  be  whitewashed  at  least 
every  six  months. 

(c)  Stables  shall  have  at  least  two  square  feet  of  unobstructed 
window  glass  per  five  hundred  cubic  feet  of  air  space,  the  windows 
to  be  arranged  so  as  to  light  all  portions  of  the  stable  effectively. 

(d)  Each  cow  shall  have  at  least  three  feet  in  width  of  floor 
space  when  fastened  in  stanchions,  and  in  all  cases  where  no  adequate 
artificial  means  of  ventilation  is  provided,  each  animal  shall  have  air 
space  of  at  least  six  hundred  cubic  feet. 

(e)  All  stables  shall  be  provided  with  a  tight,  dry  floor  and  the 
manure  drops  or  urine  gutters  shall  be  water  tight  and  shall  be  thor¬ 
oughly  cleaned  at  least  twice  each  day. 

(f)  No  manure,  garbage,  nor  other  putrescible  matter  shall  be 
allowed  within  one  hundred  feet  of  any  cow  stable,  milk  house,  or 
cooling  room;  and  the  drainage  from  said  buildings  shall  be  such 
that  no  liquid  wastes  can  collect  within  this  distance. 

Sec.  5.  Cozvs  and  Feed,  (a)  No  milk  shall  be  sold  or  offered 
for  sale  or  distributed  in  the  Town  of  Montclair  except  from  cows  in 
good  health  nor  unless  the  cows  from  which  it  is  obtained  have, 
within  one  year,  been  examined  by  a  veterinarian  whose  competency 
is  vouched  for  by  the  State  Veterinary  Association  of  the  State  in 
which  the  herd  is  located,  and  a  certificate  signed  by  such  veterinarian 
has  been  filed  with  the  Board  of  Health  stating  the  number  of  cows 
in  each  herd  that  are  free  from  disease.  This  examination  shall 
include  the  tuberculin  test  and  charts  showing  the  reaction  of  each 
individual  cow  shall  be  filed  with  this  Board.  All  cows  which  react 
shall  be  removed  from  the  premises  at  once  if  the  sale  of  milk  is 
to  continue,  and  no  cows  shall  be  added  to  a  herd  until  certificates 
of  satisfactory  tuberculin  tests  of  said  cows  have  been  filed  with  this 
Board. 

(b)  Cows  shall  at  all  times  be  kept  in  a  clean  condition  and  the 


250 


SANITARY  CODE. 


udders  shall  be  washed  or  wiped  with  a  clean,  damp  cloth  immedi¬ 
ately  before  milking. 

(c)  No  milk  shall  be  obtained  from  any  cow  which  has  calved 
within  ten  days  or  from  any  cow  within  thirty  days  before  the  normal 
time  of  calving. 

(d)  All  milk  shall  be  obtained  from  cows  fed  and  watered  under 
the  following  conditions :  All  food  given  to  such  cows  shall  be 
sweet  and  wholesome.  The  use  of  either  distillery  slops  or  fermented 
brewery  grains  is  prohibited,  and  their  presence  on  any  dairy  prem¬ 
ises  will  be  considered  sufficient  cause  for  the  exclusion  of  the  milk 
from  such  dairies  from  sale  or  delivery  in  said  town.  Water  sup¬ 
plied  to  cows  shall  be  pure  and  free  from  all  contamination  from 
stable  or  household  wastes,  and  no  spring  or  shallow  well  in  or  ad¬ 
joining  any  stable  yard  shall  be  used  for  watering  said  cows. 

Sec.  6.  Employees  and  Utensils,  (a)  All  milkers  and  all  other 
attendants  handling  milk  in  any  dairy  shall  be  personally  clean.  When 
entering  upon  their  duties  connected  with  the  dairy  their  hands  and 
outer  garments  must  be  clean. 

(b)  Utensils  used  for  the  collection  and  transportation  of  milk 
shall,  before  being  used,  be  thoroughly  washed  with  pure  water  and 
soda  or  soap,  or  by  some  other  approved  means,  and  then  sterilized 
by  steam. 

(c)  As  soon  as  milk  is  drawn  from  a  cow,  and  before  straining, 
it  must  be  removed  from  the  stable  to  a  separate  room  where  it  shall 
be  strained  immediately.  It  shall  then,  within  forty-five  minutes  of 
the  time  of  milking,  and  in  a  building  separate  from  the  said  stable, 
be  cooled  to  50  deg.  F.,  or  below,  by  some  method  approved  by  this 
Board.  The  above-mentioned  cooling  room  shall  be  properly  venti¬ 
lated  and  lighted,  shall  be  used  for  no  other  purpose  than  that  indi¬ 
cated  above,  shall  at  all  times  be  kept  in  a  clean  condition,  and  shall 
not  be  connected  with  any  stable,  barn  or  dwelling. 

(d)  All  milk  shall  be  delivered  in  bottles,  but  no  milk  in  par¬ 
tially  filled  bottles  shall  be  sold  or  offered  for  sale.  No  tickets  shall 
be  used  in  connection  with  the  sale  or  delivery  of  milk.  No  bottles 
shall  be  filled,  capped  or  recapped  outside  the  dairy  building  regularly 
used  for  this  purpose,  and  said  bottling  room  shall  at  all  times  be 
kept  in  a  clean  and  sanitary  condition.  Milk  bottles  shall  be  used 
for  no  other  purpose  than  as  receptacles  for  milk. 

(e)  If  at  any  time  any  person  or  persons  having  any  connection 


SANITARY  CODE. 


251 


with  a  dairy,  or  with  the  handling  of  milk,  or  any  resident  member 
of  the  family  of  any  person  so  connected,  shall  be  stricken  with  chol¬ 
era,  small  pox,  diphtheria,  membranous  croup,  typhus,  typhoid  or 
scarlet  fever,  measles,  tuberculosis,  syphilis  or  any  other  communi¬ 
cable  disease  that  may  hereafter  be  declared  by  this  Board  to  be 
dangerous  to  the  public  health,  notice  shall  be  given  to  said  Board 
immediately  by  the  owner  or  owners  of  such  dairies,  and  said  Board 
may  order  the  sale  of  such  milk  discontinued  for  such  time  as  it 
deems  necessary.  No  milk  produced  from  the  dairy  of  any  person 
failing  to  give  notice  shall  hereafter  be  sold  or  exposed  for  sale  or 
delivered  in  the  Town  of  Montclair  until  special  permission  therefor 
has  been  granted  by  said  Board. 

Skc.  7.  Milk,  (a)  Samples  of  milk  shall  be  furnished  this  Board 
by  any  producer  or  dealer  at  any  time  upon  proper  payment  therefor. 

(b)  Milk  supplies  found  to  contain  over  100,000  bacteria  per  cubic 
centimeter  on  two  or  more  different  days  will  be  excluded  from  Mont¬ 
clair  until  satisfactory  evidence  is  shown  that  the  milk  may  be  reason¬ 
ably  expected  to  contain  less  than  this  number  of  bacteria.  [As  am’d 
'April  6,  1908.]  The  Board  of  Health  may,  from  time  to  time,  when 
in  its  opinion  the  public  interest  may  require,  permit,  by  resolution, 
the  sale  of  milk  that  is  produced  under  conditions  other  than  as 
herein  specified,  provided  that  such  milk  is  pasteurized  by  subjecting 
it  to  a  temperature  of  150  deg.  F.  for  twenty  minutes,  or  by  an 
equivalent  process. 

(c)  No  pasteurized  milk  shall  be  sold  in  the  Town  of  Montclair 
unless  it  is  conspicuously  labelled  “PASTEURIZED.”  Said  label 
shall  also  state  the  degree  (temperature  and  length  of  exposure  at 
that  temperature)  and  date  of  pasteurization. 

(d)  No  substance  or  compound  shall  be  added  to  any  milk  which 
is  to  be  exposed  or  offered  for  sale  and  no  substance  shall  be  sub¬ 
tracted  therefrom. 

(e)  No  milk  shall  be  sold  in  Montclair  which  is  obtained  from 
a  dealer  who  handles  in  part  a  supply  not  approved  by  this  Board ; 
and  no  person  shall  deliver  or  offer  for  sale  in  the  Town  of  Mont¬ 
clair  any  milk  unless  the  entire  supply  which  he  handles  complies  with 
the  requirements  hereinbefore  set  forth,  unless  satisfactory  evidence 
is  given  this  Board  that  the  two  supplies  are  kept  separate. 

(f)  No  milk  shall  be  delivered,  stored,  or  transported  at  a  tem¬ 
perature  exceeding  50  deg.  F. 


252 


SANITARY  CODE. 


(g)  No  ice  which  is  obtained  from  a  source  which  is  contami¬ 
nated  or  which  is  so  situated  that  it  may  become  contaminated,  shall 
be  used  for  cooling  milk. 

Sec.  8.  Cream.  No  cream  shall  be  sold,  exposed  for  sale  or 
delivered  within  the  Town  of  Montclair  unless  it  be  produced  and 
handled  in  accordance  with  the  requirements  hereinbefore  set  forth 
for  the  production  and  handling  of  milk. 

Sec.  9.  Any  person  violating  any  of  the  provisions  of  this  article 
shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  twenty- 
five  dollars  for  each  offense. 

ARTICLE  IX. 

THE  REGISTRAR  AND  THE  REGISTRATION  OF  VITAL  STATISTICS. 

Sec.  1.  There  shall  be  appointed  annually,  by  the  Board  of  Health, 
a  suitable  person  to  be  Registrar  of  Vital  Statistics  in  and  for  the 
Town  of  Montclair,  in  the  County  of  Essex,  who  shall  serve  until 
the  first  day  of  January  next  succeeding  his  appointment,  or  until  his 
successor  is  appointed  and  qualified. 

Sec.  2.  In  addition  to  the  duties  prescribed  to  be  performed  by 
such  officer  by  the  Laws  of  the  State,  the  Registrar  of  Vital  Sta¬ 
tistics  shall  perform  such  other  duties  as  may  from  time  to  time  be 
required  by  the  Board  of  Health.  He  shall,  in  addition  to  transmit¬ 
ting  to  the  State  Bureau  of  Vital  Statistics  all  certificates  of  marriages, 
births  and  deaths  received  by  him,  report  the  same  to  the  local  Board 
of  Health  at  least  once  in  each  month. 

Sec.  3.  The  returns  of  all  marriages,  births  and  deaths  required 
by  law,  or  by  any  ordinance  of  the  Board  of  Health,  to  be  made  by 
physicians,  midwives,  nurses,  clergymen,  magistrates,  undertakers  and 
other  persons  professionally  officiating  at  such  marriage,  birth  or 
death,  shall  be  made  to  the  Registrar  of  Vital  Statistics,  and  for 
each  failure  to  make  return  or  report  of  such  marriages,  births  or 
deaths  within  the  time  specified  by  law,  said  person  shall,  upon  con¬ 
viction  thereof,  forfeit  and  pay  a  penalty  of  twenty  dollars. 


SANITARY  CODE. 


253 


ARTICLE  X. 

COMMUNICABLE  diseases. 

Sec.  1.  Every  physician  shall  report  in  writing  to  this  Board  the 
name  of  every  patient  he  or  she  may  have  in  the  Town  of  Montclair 
with  cholera,  smallpox,  diphtheria,  typhus,  typhoid  or  scarlet  fever, 
measles,  tuberculosis  in  any  form,  varicella,  mumps,  whooping  cough, 
epidemic  dysentery,  trachoma,  malaria,  epidemic  cerebro-spinal  men¬ 
ingitis  or  any  other  communicable  disease  that  may  be  hereafter  de¬ 
clared  by  this  Board  to  be  dangerous  to  the  public  health,  together 
with  the  precise  locality  where  such  patient  may  be  found,  immediate¬ 
ly  after  such  physician  shall  ascertain  the  nature  of  such  disease,  and 
shall  be  entitled  to  receive  ten  cents  therefor  from  the  disbursing 
officer  of  the  town. 

Sec.  2.  Whenever  it  shall  be  deemed  necessary  by  this  Board  to 
establish  the  true  character  of  any  disease  which  is  suspected  to  be 
communicable,  a  medical  examination  of  the  person  or  persons  af¬ 
fected  by  such  disease  may  be  ordered  by  said  Board.  Any  person 
or  persons  interfering  with  or  refusing  to  permit  such  examination 
shall  be  guilty  of  violating  this  article. 

Sec.  3.  No  principal,  teacher,  nor  superintendent  of  any  school 
shall  knowingly  permit  any  child  sick  with  any  disease  mentioned  in 
Section  1,  or  with  any  other  communicable  disease,  or  any  child  re¬ 
siding  in  anv  house  in  which  scarlet  fever,  diphtheria,  smallpox, 
measles  or  epidemic  cerebro-spinal  meningitis  shall  exisfi  to  attend 
any  school  until  such  time  as  the  Board  of  Health  certifies  to  such 
teacher,  principal  or  superintendent  that  the  said  child  may  attend 
school  without  danger  of  communicating  the  disease  to  others. 

Sec.  4.  No  person  from  any  dwelling  wherein  a  disease  dangerous 
to  the  public  health  exists  shall  take  any  book  or  magazine  to  or 
from  any  circulating  library.  The  Board  will  inform  the  librarian 
of  all  cases  of  said  diseases,  and  until  a  written  permit  is  given  he 
shall  allow  neither  books  nor  magazines  to  be  taken  to  or  returned  from 
a  dwelling  where  such  cases  exist. 

No  person  shall  remove  milk  bottles  from  a  building  wherein  a 
disease  dangerous  to  the  public  health  exists,  or  has  existed,  until 
he  has  first  obtained  permission  in  writing  from  the  Board  of 
Health. 


254 


SANITARY  CODE. 


Sec.  5.  Any  person  in  the  Town  of  Montclair  having  communi¬ 
cable  disease  shall  be  isolated  as  the  Board  of  Health  may  direct, 
and  all  buildings,  clothing,  property,  premises  and  vehicles  which  may 
be  infected  by  emanations  from  such  persons  shall  be  disinfected  as 
the  Board  of  Health  may  direct.  No  premises  will  be  disinfected 
after  diphtheria  until  at  least  two  negative  cultures,  taken  on  suc¬ 
cessive  days,  have  been  obtained  from  the  throat  of  the  patient,  or 
from  the  nose  if  a  case  of  nasal  diphtheria. 

Sec.  4.  No  person  shall  knowingly  bring  or  cause  to  be  brought 
into  the  Town  of  Montclair  any  person  infected  with  any  communi¬ 
cable  disease,  except  upon  a  permit  granted  by  the  Board  of  Health ; 
and  no  person  shall  knowingly  bring  or  cause  to  be  brought  into  said 
town  any  article  liable  to  propagate  a  communicable  disease. 

Sec.  7.  Whenever  there  shall  occur  in  the  Town  of  Montclair 
any  case  of  cholera,  smallpox,  diphtheria,  membranous  croup,  typhus 
or  scarlet  fever  the  Board  of  Health  shall  place  upon  the  house  or 
houses  in  which  said  case  or  cases  are  confined  a  placard  naming  the 
disease,  said  placard  to  remain  until  the  said  premises  are  disinfected 
by  the  said  Board ;  and  any  person  or  persons  removing  said  placard 
without  the  authority  of  said  Board,  shall,  upon  conviction  thereof, 
forfeit  and  pay  a  penalty  of  fifty  dollars. 

Sec.  8.  Whenever  a  placard  shall  be  placed,  as  provided  in  Section 
7,  no  person  nor  persons,  except  the  medical  attendant  and  nurses, 
shall  either  enter  therein  or  depart  therefrom  without  the  permission 
of  the  Board  of  Health. 

Sec.  9.  In  case  a  coach,  hack,  cab,  carriage  or  other  vehicle  shall 
convey  a  patient  suffering  from  a  communicable  disease,  said  vehicle 
shall  be  disinfected  under  the  direction  of  the  Board  of  Health  before 
being  used  again. 

Sec.  10.  Whenever  a  person  with  tuberculosis  moves  out  of  a 
house  or  an  apartment,  the  attending  physician,  if  there  be  one,  or 
the  active  head  of  the  family,  shall  so  notify  this  Board  within 
twenty-four  hours,  and  both  of  the  above-mentioned  persons  shall  be 
held  equally  responsible  for  a  violation  of  this  section. 

Sec.  11.  Every  veterinarian  or  other  person  who  is  called  to  ex¬ 
amine  or  professionally  attend  any  animal  within  the  Town  of  Mont¬ 
clair,  having  the  glanders  or  farcy,  rabies,  tuberculosis  or  any  other 


SANITARY  CODE. 


255 


communicable  disease  shall,  within  twenty-four  hours  thereafter,  re¬ 
port  in  writing  to  the  Board  of  Health  the  following  facts : 

( 1 )  A  statement  of  the  location  of  such  diseased  animal. 

(2)  The  name  and  address  of  the  owner  thereof. 

(3)  The  type  and  character  of  the  disease. 

Sec.  12.  Every  animal  which  is  mad  or  which  has  hydrophobia, 
or  which  shows  symptoms  thereof,  shall  be  at  once  killed  or  else 
securely  confined  until  the  diagnosis  is  accurately  made.  Every  ani¬ 
mal  that  has  been  exposed  to  such  disease  shall  be  at  once  confined  in 
some  secure  place  for  such  length  of  time  as  to  show  that  such  ex¬ 
posure  has  not  given  such  animal  said  disease,  and  the  body  of  any 
animal  that  has  died  of  such  disease,  or  which  being  suspected  to 
have  such  disease  has  been  killed,  shall  be  disposed  of  as  may  be 
directed  by  the  Board  of  Health. 

Sec.  13.  Any  person  violating  any  of  the  provisions  of  this  article, 
shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  fifty 
dollars. 

ARTICLE  XI. 

BURIAL  OF  THE  DEAD. 

Section.  1.  No  body  of  an  adult  person  shall  be  buried  in  the 
Town  of  Montclair  so  that  the  box  or  coffin  containing  it  shall  be 
nearer  than  four  feet  to  the  surface  of  the  ground,  or  in  the  case 
of  any  person  deceased  under  the  age  of  fourteen  years,  less  than 
three  and  one-half  feet,  and  no  disinterment  shall  take  place  between 
the  first  day  of  May  and  the  first  day  of  the  following  November  of 
any  year,  nor  shall  any  disinterment  take  place  at  any  time  without 
a  permit  from  the  Board  of  Health. 

Sec.  2.  There  shall  not  be  a  church  or  other  public  funeral  of 
any  person  who  has  died  of  smallpox,  diphtheria,  membranous  croup, 
scarlet  fever,  measles,  yellow  fever,  typhus  fever,  leprosy  or  Asiatic 
cholera ;  but  the  funeral  of  such  person  shall  be  private,  and  the 
burial  shall  take  place  within  twenty-four  hours  after  the  death  of 
said  person.  It  shall  not  be  lawful  to  permit  at  the  funeral  of  any 
person  who  has  died  of  any  of  the  above  named  diseases,  or  at  any 
services  connected  therewith,  any  person  whose  attendance  is  not 
necessary. 

Sec.  3.  Every  undertaker  having  notice  of  the  death  of  any  person 


256 


SANITARY  CODE. 


within  the  Town  of  Montclair  from  smallpox,  varioloid,  diphtheria, 
membranous  croup,  scarlet  fever,  typhus  fever,  Asiatic  cholera,  lep¬ 
rosy,  measles  or  any  other  communicable  disease  dangerous  to  the 
general  health  of  the  community,  or  of  the  bringing  of  the  dead 
body  of  any  person  who  has  died  of  any  such  disease  into  said  town, 
shall  give  immediate  notice  thereof  to  the  Board  of  Health. 

Sec.  4.  No  public  coach,  hack,  cab  or  carriage,  nor  any  up¬ 
holstered  vehicle  used  for  the  conveyance  of  passengers,  shall  be  used 
to  convey  the  body  of  a  person  who  has  died  from  any  communicable 
disease. 

Sec.  5.  Any  person,  corporation  or  association  of  persons  vio¬ 
lating  any  of  the  provisions  of  this  article,  shall,  upon  conviction 
thereof,  forfeit  and  pay  a  penalty  of  fifty  dollars  for  each  offense. 

ARTICLE  XII. 

BARBER  SHOPS. 

Section  1.  Every  barber  shop  within  the  Town  of  Montclair 
shall  be  open  to  this  Board  for  inspection  at  any  time,  and  the  fol¬ 
lowing  rules  shall  be  observed  therein. 

(a)  All  barber  shops,  together  with  all  furniture,  shall  be  kept 
in  a  clean  and  sanitary  condition. 

(b)  Mugs,  shaving  brushes,  razors,  scissors,  clipping  machines, 
pincers,  needles  and  other  instruments  shall  be  sterilized,  either  by 
immersion  in  boiling  water  or  in  alcohol  of  at  least  sixty  per  cent, 
strength,  after  each  separate  use.  Combs  and  brushes  shall  be  thor¬ 
oughly  cleaned  with  soap  and  water  after  each  separate  use. 

(c)  Clean  towels  shall  be  used  for  each  person. 

(d)  Alum,  or  other  material  used  to  stop  the  flow  of  blood,  shall 
be  applied  only  on  a  clean  towel  or  other  clean  cloth. 

The  use  of  powder  puffs  and  sponges  is  prohibited,  except  that  a 
sponge  owned  by  a  customer  may  be  used  on  him. 

(e)  Every  barber  shall  thoroughly  cleanse  his  hands  immediately 
before  serving  each  customer. 

(f)  Every  barber  shop  shall  be  well  ventilated  and  provided 
with  running  hot  and  cold  water. 

(g)  No  barber  shop  shall  be  used  as  a  sleeping  room. 

(h)  A  copy  of  this  article  shall  be  kept  posted  in  plain  view  in 
every  barber  shop. 


SANITARY  CODE. 


257 


Sec.  2.  Any  person  violating  any  of  the  provisions  of  this  article 
shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  ten  dol¬ 
lars  for  each  offense. 

ARTICLE  XIII. 

TENEMENT  HOUSES. 

Section  1.  Chapter  61  of  the  State  Laws  of  New  Jersey,  Session 
of  1904,  entitled  “An  Act  to  Improve  the  Condition  of  Tenement 
Houses  in  This  State  and  to  Establish  a  State  Board  of  Tenement 
House  Supervision,”  together  with  amendments  thereto,  is  hereby  in¬ 
corporated  into  and  made  a  part  of  this  ordinance  in  so  far  as  it 
relates  to  light,  air  space,  sleeping  quarters,  dirt  and  filth,  storage 
of  refuse,  sewer  connections,  plumbing,  cesspools  and' privies;  and 
any  person  violating  any  of  the  above-mentioned  provisions  of  the 
said  Act  shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of 
fifty  dollars  for  each  day  during  which  a  violation  of  said  Act  is  will¬ 
fully  allowed  to  exist. 


ARTICLE  XIV. 
street  cars. 

Section  1.  All  street  cars  operated  in  the  Town  of  Montclair 
shall  be  kept  in  a  thoroughly  clean  and  sanitary  condition  and  a 
sufficient  number  of  ventilators  shall  be  open  at  all  times  to  provide 
a  plentiful  supply  of  pure  air.  At  the  end  of  each  trip  trolley  cars 
shall  be  ventilated  as  follows :  The  doors  at  each  end  of  the  car 
shall  be  opened  wide  and  shall  remain  open  for  at  least  two  minutes. 

Sec.  2.  Conductors  shall  be  responsible  for  the  condition  of  their 
cars,  and  any  conductor  or  other  person  violating  or  offending  against 
any  of  the  provisions  of  this  article  shall,  upon  conviction  thereof, 
forfeit  and  pay  a  penalty  of  ten  dollars  for  each  offense. 

ARTICLE  XV. 

SEWER  CONNECTIONS. 

Section  1.  All  owners  of  property  along  the  line  of  any  sewers 
constructed  for  the  purpose  of  carrying  off  sewage  matter  in  any  of 
the  streets  of  Montclair  shall  connect  their  houses  and  other  buildings 


258 


SANITARY  CODE. 


with  the  sewer  in  the  street  adjoining  said  property  upon  notice, 
from  the  Board  of  Health,  to  make  such  connection.  Said  notice 
shall  be  served  by  delivering  the  same  to  the  owner  of  said  property, 
or  by  leaving  the  same  at  the  residence  of  the  owner  with  a  member 
of  the  family  above  the  age  of  fourteen  years,  and  explaining  the 
contents  thereof ;  or,  in  case  of  a  non-resident  owner,  by  serving  the 
same  upon  the  resident  agents,  if  any,  and  by  mailing  the  same  by 
registered  letter  to  the  owner's  last  known  post  office  address. 

Sec.  2.  Any  owner  of  property  who  fails  to  make  such  connection 
within  thirty  days  after  notification  from  this  Board,  shall,  upon  con¬ 
viction  thereof,  forfeit  and  pay  a  fine  of  twenty-five  dollars,  and  an 
additional  fine  of  ten  dollars  for  each  and  every  day  after  the  said 
thirty  days  in  which  the  provisions  of  this  article  and  of  such  notice 
shall  not  be  complied  with. 

ARTICLE  XVI. 

THE  CONSTRUCTION  OF  PLUMBING. 

Section  1.  All  plumbing  and  house  drainage  hereafter  installed  in 
the  Town  of  Montclair  shall  be  executed  in  conformity  to  the  rules, 
regulations  and  specifications  of  this  article. 

Sec.  2.  Definition  of  Terms.  The  following  terms  when  used  in 
this  article  shall  be  construed  as  follows: 

House”  to  mean  any  building. 

“House  Sewer”  to  mean  that  portion  of  the  sewerage  system  of 
any  building  which  extends  from  a  point  five  feet  outside  the  wall  of 
the  building  to  its  connection  with  either  a  public  sewer  or  a  cesspool. 

“House  Drain”  to  mean  the  entire  length  of  horizontal  pipe  from 
the  house  sewer  to  the  soil  pipe. 

“Soil  Pipe”  to  mean  any  line  of  pipe  which  is  designed  to  convey 
the  discharge  from  one  or  more  water  closets,  with  or  without  the 
wastes  from  other  plumbing  fixtures,  to  the  house  drain. 

“Main  Waste”  to  mean  any  line  of  pipe  which  receives  the  waste 
water  from  plumbing  fixtures  of  any  kind  except  water  closets  and 
slop  hoppers  and  is  extended  upwards  through  the  roof. 

“Branch  Waste”  to  mean  the  length  of  waste  pipe  conducting  waste 
water  from  fixtures  except  water  closets  and  slop  hoppers  to  the  main 
waste  or  soil  pine. 


SANITARY  CODE. 


259 


“Vertical”  to  mean  more  than  45  cleg,  from  the  horizontal. 

Sec.  3.  Materials,  Quality  and  Weight.  All  material  used  in  the 
installation  of  plumbing  in  the  Town  of  Montclair  shall  conform  to 
the  following  specifications : 

(a)  All  tile  pipe  and  fittings  shall  be  of  the  hub  or  spigot  pattern, 
cylindrical,  vitrified,  of  uniform  calibre  and  smooth  bore  and  free 
from  fire  cracks,  flaws  or  other  defects. 

(b)  All  cast  iron  pipe  shall  be  of  the  grade  known  as  extra  heavy, 
of  uniform  thickness,  and  free  from  flaws,  cracks,  or  other  defects. 
Each  length  must  be  truly  cylindrical,  straight,  smooth  and  sound, 
with  deep  sockets.  Each  length  of  pipe,  trap  or  fitting  shall  have  the 
size  thereof,  weight  per  foot  and  maker’s  name  clearly  cast  or  stamped 
upon  the  exterior  surface  thereof.  The  weight  of  such  pipe  per 
hneal  foot  must  be  as  follows: 

2  inch  pipe  to  weigh  Sy2  pounds 

3  “  “  “  “  914  “ 

4  “  “  “  “  13 

5  “  “  “  “  17 

6  “  “  “  “  20 

All  cast  iron  traps  and  fittings  shall  correspond  in  quality,  weight 
and  finish  with  the  above  specifications. 

(c)  All  wrought  iron  or  steel  pipe  shall  be  lap  welded,  equal  in 
weight  and  quality  to  standard  lap  welded  pipe,  and  properly  tested 
at  the  pipe  mills.  All  wrought  iron  or  steel  pipe  shall  he  galvanized 
or  otherwise  protected  from  corrosion  by  some  method  approved  by 
the  Board.  The  weight  of  wrought  iron  or  steel  pipe  shall  not  be 
less  per  lineal  foot  than  the  following : 

lt/2  inch  pipe  to  weigh  2y2  pounds 


3% 

7% 

10y2 

14i/2 


All  wrought  iron  or  steel  fittings  shall  be  galvanized  or  otherwise 
protected  as  aforesaid,  and  such  fittings  below  the  water  line,  or 
highest  fixture,  shall  be  those  known  in  the  trade  as  galvanized 
drainage  fittings. 

(d)  Lead  pipe  shall  be  of  the  best  quality  drawn  pipe  of  the 


260 


SANITARY  CODE. 


grade  known  in  the  trade  as  “D,”  and  shall  weigh,  per  lineal  foot, 
as  follows: 

1  y2  inch  pipe  to  weigh  3^  pounds 


^  (C  ((  ((  ti  g  (( 

Lead  traps  shall  be  of  the  same  weight  as  specified  for  lead  pipe. 

(e)  Brass  ferrules  shall  be  of  the  best  quality,  extra  heavy  cast 
or  drawn  brass,  bell-shaped,  not  less  than  four  inches  long,  and 
shall  have  the  following  weight : 

2^  inch  diameter  to  weigh  1  pound 

3V2  “  “  “  “  1%  “ 

41/2  “  “  •  “2 

(f)  All  cleanouts  in  a  plumbing  system  must  be  closed  with  extra 
heavy  brass  crew  caps,  and  the  body  of  the  cleanout  ferrule  shall  be 
at  least  equal  in  length  to  the  caulking  ferrule  for  the  same  size  of 
pipe.  Said  cleanouts  shall  be  the  full  size  of  the  pipe. 

Sec.  4.  Sizes  of  Pipes  and  Traps.  In  the  installation  of  any 
plumbing  in  the  Town  of  Montclair,  the  pipes,  traps  and  fittings  used 
shall  be  of  the  following  sizes : 

(a)  House  sewers  shall  not  be  less  than  five  nor  more  than  six 
inches  in  internal  diameter. 

(b)  House  drains  shall  be  four  inches  in  internal  diameter  un¬ 
less  they  serve  more  than  eight  water  closets,  in  which  case  the 
internal  diameter  shall  be  at  least  five  inches. 

(c)  Soil  pipe  shall  be  four  inches  in  internal  diameter  unless  it 
serves  more  than  ten  water  closets,  in  which  case  the  internal  diam¬ 
eter  shall  be  at  least  five  inches  . 

(d)  Main  wastes  shall  be  two  inches  in  internal  diameter  unless 
they  serve  more  than  six  fixtures,  in  which  case  the  internal  diameter 
shall  be  at  least  three  inches. 

(e)  Branch  wastes  shall  be  two  inches  in  internal  diameter  for 
all  fixtures  except  basins.  Branch  wastes  for  basins  shall  be  one 
and  one-half  inches  in  diameter. 

(f)  The  size  of  traps  shall  be  the  same  as  the  branch  waste  pipe 
to  which  they  are  connected. 

Sec.  5.  Joints  and  Connections.  All  joints  and  connections  in 
any  plumbing  in  the  Town  of  Montclair  shall  be  made  according  to 
the  following  specifications : 


SANITARY  CODE. 


261 


(a)  Joints  between  tile  pipes  and  fittings  shall  be  of  Portland 
cement. 

(b)  Joints  between  cast  iron  pipes  and  fittings  shall  be  caulked 
joints  made  with  a  gasket  of  hemp  or  oakum  and  molten  lead,  the 
amount  of  lead  to  each  joint  to  be  at  least  twelve  ounces  for  every 
inch  of  diameter  of  the  pipe.  All  such  joints  shall  be  caulked  and 
made  water  tight. 

(c)  Joints  between  iron  and  tile  pipe  shall  be  made  with  Portland 
cement  and  in  no  case  shall  the  iron  pipe  be  more  than  one  size  smaller 
than  the  vitrified  pipe. 

(d)  Joints  between  wrought  iron  pipe  and  fittings  shall  be  screw 
joints,  and  all  burrs  shall  be  carefully  reamed  out. 

(e)  Joints  in  lead  pipe  shall  be  wiped. 

(f)  Joints  between  lead  and  wrought  iron  pipe  or  fittings  shall 
be  made  with  brass  soldering  nipples. 

(g)  Joints  between  lead  and  brass  pipe  shall  be  wiped  joints. 

(h)  Joints  between  lead  and  cast  iron  pipe  or  fittings  shall  be 
made  with  brass  ferrules,  the  ferrules  to  be  caulked  into  the  iron 
fittings  and  joined  to  the  lead  pipe  by  wiped  joints. 

(i)  No  connection  shall  be  made  by  drilling  or  tapping  a  pipe. 

(j)  Earthen  or  iron  water  closets  having  traps  above  the  floor 
and  using  lead  connections  must  have  a  cast  brass  flange  not  less 
than  one-eighth  of  an  inch  thick  soldered  to  the  lead  bend  and  bolted 
to ’the  closet.  The  joint  shall  be  made  permanently  air  tight. 

Sec.  6.  House  Sewers,  Material  and  Arrangement.  House  sewers 
shall  be  of  tile  pipe  and  laid  with  the  following  restrictions,  or  of 
extra  heavy  cast  iron  pipe:  Tile  pipe  shall  not  begin  nearer  than 
five  feet  to  the  opening  in  the  exterior  wall  in  the  building,  nor  shall 
it  be  laid  less  than  three  feet  from  the  surface  of  the  ground ;  and 
no  line  shall  be  laid  within  three  feet  of  the  wall  of  any  building 
or  of  any  party  line,  nor  within  two  feet  of  any  parallel  line  of 
water  or  gas  pipe.  House  sewers  in  soft,  springy  or  “made”  ground 
shall  be  of  extra  heavy  cast  iron.  All  house  sewers  shall  have  a  fall 
of  at  least  one-fourth  inch  per  foot  and  each  length  shall  be  given 
a  solid  bearing  and  grooves  shall  be  cut  in  the  bottom  of  the  trench 
to  receive  the  hubs.  Said  house  sewers  shall  be  inspected  and  approved 
by  the  Board  of  Health  before  being  covered  over  with  earth. 


262 


SANITARY  CODE. 


The  plumbing  of  every  building  shall  be  separately  and  independ¬ 
ently  connected  with  the  public  sewer,  when  such  is  accessible,  and 
if  no  sewer  is  accessible,  with  a  proper  cesspool;  except  that  in  the 
case  of  a  building  in  the  rear  of  a  lot,  in  front  of  which  there  is 
another  building,  or  in  the  case  of  a  building  which  does  not  have 
access  to  a  sewer  over  its  own  premises,  the  plumbing  may  be  con¬ 
nected  to  the  house  sewer  which  serves  another  building. 

Sec.  7.  House  Drain,  Material  and  Arrangement.  The  house 
drain  shall  be  of  extra  heavy  cast  iron  and  shall  be  supplied  with  at 
least  two  four  inch  “Y”  cleanouts :  The  first  at  or  near  the  point 
where  the  house  drain  leaves  the  foundation  wall  and  on  the  inner 
side  thereof ;  the  second  at  the  end  of  the  house  drain  near  its  junc¬ 
tion  with  the  soil  pipe.  There  shall  also  be  a  suitable  cleanout  at 
the  end  of  each  branch  of  the  house  drain  over  ten  feet  long.  In  case 
the  house  drain  is  below  ground,  it  shall  be  laid  in  trenches  to  a 
uniform  grade,  and  removable  covers  shall  be  placed  over  all  clean¬ 
outs.  Said  cleanouts  shall  be  surrounded  by  a  brick,  stone  or  cement 
pit  of  at  least  two  feet  in  diameter  and  sufficiently  deep  to  fall  at 
least  two  inches  below  the  cleanout  screw.  All  house  drains  shall 
have  a  fall  of  at  least  one-fourth  inch  to  the  foot,  and  when  above 
ground  they  shall  be  properly  secured  to  the  wall  or  suspended  from 
the  floor  beams  by  strong  iron  hooks  or  hangers.  Changes  in  direc¬ 
tion  must  be  made  by  means  of  long  sweep  quarter  bends,  by  Ys  or 
by  1-8  bends.  Ts,  T-Ys  and  1-2  Ys  are  prohibited.  Intercepting 
or  main  house  traps  are  prohibited  in  all  new  work. 

Sec.  8.  Soil  Pipe,  Material  and  Arrangement.  All  soil  pipe  shall 
be  of  extra  heavy  cast  iron  or  of  wrought  iron,  and  shall  conform  in 
quality  to  Section  3,  except  as  stated  below.  Soil  pipe  over  ten  feet 
in  length  shall  be  carried,  undiminished  in  size,  to  a  height  of  at  least 
two  feet  above  the  roof  and  highest  opening  in  the  building  and  six 
feet  away  from  any  chimney.  Whenever  located  below  or  at  one 
side  of  and  within  twenty  feet  of  dormer  windows  said  pipes  shall  be 
carried  up  to  the  higher  roof  within  the  walls  and  to  a  point  at  least 
two  feet  above  said  windows.  All  soil  pipe  extensions  carried 
through  the  roof  of  an  addition  to  any  building  the  roof  of  which 
is  not  as  high  as  that  of  the  main  building,  shall  be  continued  upwards 
to  a  point  at  least  two  feet  above  all  doors  and  windows  in  the  main 
building  or  of  any  other  building,  whether  on  the  same  or  on  adjoin¬ 
ing  lot,  if  within  twenty  feet  of  said  doors  or  windows. 


SANITARY  CODE. 


263 


Soil  pipe  shall  be  run  as  nearly  vertical  as  possible,  and  in  all  cases 
shall  have  a  fall  of  at  least  one-fourth  inch  per  foot.  No  quarter 
bends,  except  long  sweep  bends,  will  be  permitted,  and  when  the 
direction  is  necessarily  changed,  Ys,  1-8  bends  or  long  sweep  bends 
must  be  used.  No  Ts  shall  be  used,  and  T-Ys  may  be  used  on  ver¬ 
tical  lines  only.  In  case  a  soil  pipe  is  more  than  five  feet  and  less 
than  ten  feet  in  length,  a  two-inch  galvanized  or  cast  iron  vent  shall 
be  run  from  a  point  within  two  feet  of  the  lead  bend,  and  said  vent 
may  be  used  as  a  main  waste.  Each  line  of  soil  pipe  shall  rest  at  its 
foot  upon  a  concrete  or  other  masonry  pier  or  foundation  to  prevent 
settling,  and  each  line  shall  be  properly  secured  to  the  wall  or  to 
floor  beams.  No  soil  pipe  shall  be  run  up  outside  any  new  building. 
In  case,  however,  a  new  system  is  introduced  into  an  old  building  the 
soil  pipe  may  be  run  up  on  the  outside  of  the  building,  and  when  so 
placed  must  be  painted.  No  pipe  so  placed  shall  be  supplied  with 
branch  fittings.  In  case  of  repairs  or  additions  to  old  work  where 
standard  pipe  is  already  installed,  branch  soil  pipes  taken  out  of  the 
main  stack  above  the  first  floor  may  be  of  standard  pipe.  A  four 
inch  soil  line  may  be  intersected  above  the  highest  fixture  by  one 
other  four  inch  soil  line  or  by  two  two  inch  lines  before  passing 
through  the  roof.  No  trap  shall  be  placed  at  the  foot  of  a  vertical 
line  of  soil  pipe. 

Sec.  9.  Main  Wastes,  Material  and  Arrangement.  All  main  waste 
pipes  shall  be  of  wrought  or  cast  iron  pipe  or  steel,  conforming  in 
quality  to  Section  3,  except  that  when  below  ground  they  must  be 
of  extra  heavy  cast  iron.  All  main  wastes  shall  be  run  as  nearly 
vertical  as  possible,  in  no  case  having  a  fall  of  less  than  one-fourth 
inch  per  foot,  and  they  shall  always  be  so  placed  as  to  be  within 
three  and  one-half  feet  of  any  fixture  which  they  may  serve.  No 
quarter  bends,  except  long  sweep  bends  or  long  drainage  quarter 
bends,  nor  needless  offsets  will  be  permitted,  and  when  the  direction 
is  necessarily  changed,  Ys,  1-8  bends  or  long  sweep  bends  must  be 
used.  No  T  shall  be  used  on  either  horizontal  or  vertical  lines  and 
T-Ys  will  be  permitted  in  upright  lines  only.  Each  main  waste  line 
shall  rest  at  its  foot  on  a  concrete  or  other  masonry  pier  or  founda¬ 
tion  to  prevent  settling.  No  main  waste  pipe  shall  be  run  up  outside 
of  any  building.  All  main  waste  pipes  shall  be  carried  undiminished 
in  size  to  a  height  above  and  distance  away  from  doors  and  windows 
of  dwellings  to  conform  to  the  requirements  laid  down  for  soil  pipe 


264 


SANITARY  CODE. 


extensions.  Main  wastes  shall  be  provided  with  a  cleanout  at  their 
foot  if  there  is  a  horizontal  run  of  ten  feet  or  more  before  they  enter 
the  house  drain.  A  two  inch  line  may  be  intersected  by  only  one 
other  two  inch  line,  and  above  the  highest  fixture. 

Sec.  10.  Branch  Wastes,  Material  and  Arrangement.  Branch 
waste  pipes  shall  not  exceed  in  length  three  and  one-half  feet  and 
shall  be  of  lead,  galvanized  iron,  brass  or  nickel ;  when  of  brass  or 
nickel  they  shall  be  of  standard  size  and  weight ;  when  of  lead  they 
shall  be  exposed  to  view  throughout  their  entire  length.  All  branch 
wastes  must  have  a  fall  of  at  least  one-fourth  inch  per  foot  and  must 
connect  the  fixtures  which  they  serve  to  a  soil  pipe  or  main  waste  in 
as  direct  a  manner  as  possible.  No  vertical  branch  waste  will  be 
allowed. 

Sec.  11.  Traps,  Material  and  Arrangement.  All  traps  shall  be 
equal  in  quality  to  the  branch  wastes  to  which  they  are  connected. 
Non-svphoning  traps  of  a  pattern  approved  by  the  Board  o'f  Health 
shall  connect  each  branch  waste  with  the  fixture  which  it  serves.  Said 
trap  shall  have  a  water  seal  of  at  least  two  inches,  which  seal  shall 
be  as  near  the  fixture  as  possible,  and  in  no  case  shall  it  be  over 
twenty  inches  from  the  fixture  outlet.  Bell  traps,  pot,  bottle,  “D” 
or  “S”  traps  will  not  be  permitted  nor  shall  there  be  any  ventilating 
or  back  airing  of  traps.  All  traps  shall  be  1-2  S  traps,  and  may 
be  directly  connected  with  the  main  waste  pipe  without  a  branch 
waste.  In  no  case  shall  an  extra  main  waste  pipe  be  run  for  the 
purpose  of  ventilating  the  trap  when  the  fixture  is  within  three  and 
one-half  feet  of  a  main  waste  or  soil  pipe.  No  trap  depending  on 
an  interior  partition  of  metal  for  a  seal  shall  be  used. 

Sec.  12.  Fixtures  and  Water  Supply.  All  fixtures  shall  be  pro¬ 
vided  with  proper  traps  and  no  fixture  shall  be  set  unless  supplied 
with  sufficient  water  to  properly  flush  it;  if  for  any  reason  the 
supply  of  water  is  discontinued,  except  for  repairs  or  replacements, 
the  fixtures  shall  be  removed  at  once.  All  fixtures  shall  be  of  non- 
absorbent  material.  Privy  sinks,  pan  and  valve  closets  and  all  water 
closets  having  any  mechanism  in  connection  with  the  bowl  forming 
a  mechanical  seal,  and  all  closets  the  walls  of  which  are  not  thoroughly 
washed  at  each  flush,  are  hereby  prohibited.  Every  water  closet  in¬ 
stalled  in  a  plumbing  system  shall  be  placed  in  an  apartment  separate 
from  the  remaining  rooms  of  the  house;  the  said  apartment  to  be 


SANITARY  CODE. 


265 


used  for  no  other  than  toilet  purposes.  Such  apartment  shall  in  all 
cases  have  external  ventilation  and  shall  be  lighted  by  means  of  a 
window  containing  at  least  three  square  feet  of  window  glass  and 
opening  directly  to  the  outer  air. 

Every  water  closet  must  be  supplied  with  water  from  a  separate 
tank  or  reservoir  of  at  least  five  gallons  capacity,  or  by  some  other 
means  approved  by  this  Board,  and  shall  have  a  flush  pipe  of  not 
less  than  one  and  one-fourth  inches  in  diameter.  All  water  closets 
shall  be  provided  with  flushing  rims  and  said  flushing  pipes  shall  con¬ 
nect  with  said  rim  so  that  said  closets  may  be  flushed  in  a  proper  and 
efficient  manner.  No  water  closet  shall  be  supplied  directly  from 
the  water  supply  pipe.  All  receptacles  used  as  water  closets  shall  be 
either  of  earthenware  or  of  cast  iron  white  enameled  on 
the  inside  of  the  bowl  and  enameled  or  painted  on  the 
outside.  No  hopper  closet  shall  be  placed  within  any  building  used 
as  a  dwelling;  when  placed  in  yards  they  shall  be  in  pits  at  least 
three  and  one-half  feet  deep  and  thoroughly  protected  against  freezing. 
No  vent  pipe  shall  be  attached  to  any  porcelain  vent  horn  provided 
upon  closets,  noi  shall  a  vent  pipe  be  run  from  the  lead  bend  beneath 
the  closet.  No  fixtures  shall  be  enclosed. 

Sec.  13.  General  Regulations,  (a)  Lead  bends  shall  be  used  to 
connect  all  water  closets  having  traps  above  the  floor  with  the  soil 
pipe  or  house  drain.  No  branch  waste,  main  waste,  trap  or  vent  pipe 
shall  connect  with  the  lead  bend  of  a  water  closet. 

(b)  Whenever  safes  are  placed  under  fixtures  the  safe  wastes 
shall  be  run  separately  to  the  basement  or  cellar  and  empty  over  a 
water-supplied  fixture,  the  end  being  closed  by  a  brass  flap  valve, 
or  other  improved  device.  Urinal  platforms  shall  not  be  provided 
with  safe  wastes. 

(c)  No  waste  pipe  from  a  refrigerator  or  other  receptacle  where 
food  is  kept  shall  be  connected  with  the  house  drain,  soil  or  other 
waste  pipe.  Refrigerator  wastes  may  be  arranged  so  as  to  empty 
over  a  water-supplied  sink,  and  in  such  cases  the  mouth  of  the  pipe 
shall  have  a  hinged  brass  flap  valve. 

(d)  Whenever  pipes  pass  through  floors,  the  openings  in  both 
floors  and  ceilings  shall  be  tightly  closed. 

(e)  No  steam  exhaust,  blow-off  or  drip  pipe  shall  connect  with 
a  sewer,  house  drain,  rain  water  conductor,  soil,  waste  or  vent  pipe. 


266 


SANITARY  CODE. 


( f )  Rain  water  leaders  shall  not  be  used  as  soil,  waste,  or  vent 
pipes,  nor  shall  they  drain  into  the  sewer.  No  house  drain  shall  be  used 
to  drain  any  cellar. 

(g)  No  drain  from  a  carriage  wash  shall  be  connected  with  any 
sewer,  house  sewer,  house  drain  or  soil  pipe. 

(h)  Wastes  from  slop  sinks  shall  conform  in  all  respects  to  the 
specifications  laid  down  for  soil  pipes,  with  the  exception  that  the 
internal  diameter  shall  be  three  inches.  The  trap  may  be  of  lead. 

(i)  All  hotels,  railway  stations,  waiting  rooms,  or  public  build¬ 
ings  now  existing  or  hereafter  erected  shall  be  provided  with  suitable 
toilet  conveniences  for  both  sexes.  All  urinals  shall  be  of  non-absorb¬ 
ent  material  and  shall  be  placed  in  a  room  provided  with  a  window 
containing  at  least  3  square  feet  of  unobstructed  glass,  which  window 
shall  open  directly  to  the  outer  air.  Said  urinals  shall  be  connected 
with  the  plumbing  system  in  a  manner  approved  by  this  Board,  and 
they  shall  be  provided  with  an  automatic  flush  or  with  individual 
stop-cocks. 

(j)  Whenever  it  appears  to  this  Board  that  the  plumbing  system 
in  any  building  is  not  in  a  proper  sanitary  condition,  the  owner  shall 
change  the  same  to  conform  with  the  plumbing  regulations  herein 
set  forth  within  fifteen  days  of  notification  from  this  Board. 

Sec.  14.  Filing  of  Plans.  No  master  nor  foreman  plumber  nor 
building  contractor  nor  other  person  shall  do  plumbing  work  in  the 
Town  of  Montclair  until  plans  and  specifications  are  filed  in  the  Office 
of  the  Board  of  Health  for  inspection  and  approval,  and  a  permit 
issued,  except  in  the  following  cases : 

(a)  Repairs  of  leaks  or  breaks  or  removal  of  stoppages. 

(b)  Replacement  of  all  old  fixtures  except  water  closets  and  slop 
hoppers,  which  replacement  does  not  require  the  replacement  of  traps 
or  waste  pipes  serving  the  said  old  fixtures. 

Plans  and  specifications  herein  provided  shall  consist  of  suitable 
drawings,  specifications  and  descriptions  of  the  plumbing  work  to  be 
performed.  The  said  drawings,  specifications  and  descriptions  shall 
be  made  upon  blanks  furnished  for  that  purpose  by  the  Board  of 
Health  and  shall  show  clearly  the  location  of  every  pipe  and  fixture 
and  the  ventilation  of  bath  rooms  and  toilets. 

Sec.  15.  Fees.  When  plans  and  specifications  for  plumbing  work 


SANITARY  CODE. 


267 


are  filed  with  the  Board  of  Health  a  fee  of  two  dollars  must  be  paid 
to  defray  the  expenses  of  inspecting  the  drawings  and  specifications, 
filing  the  same  and  superintending  the  work  as  provided  hereinafter 
in  Section  16,  except  in  the  following  cases: 

(a)  Where  it  is  proposed  to  add  to  an  old  system  of  plumbing 
a  single  new  sink,  basin,  laundry  tray  or  set  of  trays,  batb  tub  or 
urinal,  and  no  change  in  main  waste  pipes  is  made. 

(b)  Where  it  is  proposed  to  alter  or  replace  water  closets  or  any 
other  plumbing  in  which  the  change  in  branch  waste  pipes  only  is 
made. 

Sec.  16.  Tests.  Every  new  plumbing  system  and  every  old  system 
altered  or  extended  must  be  tested  by  the  plumber  in  the  presence  of 
the  Board  of  Health  in  accordance  with  the  following  rules : 

(a)  The  Board  of  Health  shall  be  notified  by  the  plumber  as 
soon  as  the  work  is  ready  for  inspection.  All  work  must  be  left  un¬ 
covered  and  convenient  for  examination  and  no  coating  of  paint,  tar 
or  other  substance  shall  be  applied  to  the  pipes  until  said  work  has 
passed  the  water  test  described  below. 

(b)  Water  Test.  The  water  test  must  be  used  in  the  presence 
of  the  Board  of  Health  for  testing  all  plumbing  work  known  as 
“roughing,”  except  in  freezing  weather,  when  some  method  to  be 
designated  by  this  Board  shall  be  used.  The  said  test  shall  include 
all  house  drain,  soil  and  main  waste  pipes,  and  joints  thereof,  ferrule 
joints  and  all  traps  and  branch  wastes  which  are  to  be  enclosed.  The 
house  drain  must  be  extended  outside  the  foundation  walls  before  the 
test  is  made.  All  defective  joints  must  be  made  tight,  all  defective 
pipes  and  fittings  must  be  removed  and  the  system  must  be  arranged 
to  conform  in  all  respects  to  the  specifications  hereinbefore  set  forth 
within  one  week  of  the  date  of  testing.  This  Board  shall  be  notified 
as  soon  as  such  changes  are  made  and  a  retest  similar  to  the  first 
shall  be  made  immediately,  after  the  payment  of  an  additional  fee 
of  one  dollar  to  defray  the  expense  of  the  second  test. 

(c)  Final  Test.  When  the  work  is  completed  the  Board  of 
Health  shall  be  notified  and  a  final  test  shall  be  made  by  the  plumber, 
in  the  presence  of  the  Board  of  Health,  within  one  week  of  the  com¬ 
pletion  of  such  work.  Said  test  shall  be  made  with  smoke  or  in  any 
other  manner  which  the  Board  may  prescribe,  and  shall  be  made  for 
every  piece  of  plumbing  work  for  which  a  fee  is  required,  except 


268 


SANITARY  CODE. 


buildings  not  used  for  human  habitation.  If  the  work  is  found  de¬ 
fective  it  shall  be  changed  within  one  week  to  conform  to  the  speci¬ 
fications  hereinbefore  set  forth  and  a  fee  of  two  dollars  must  be 
paid  to  defray  the  expense  of  the  second  test,  which  shall  be  made 
by  the  plumber  in  the  presence  of  the  Board  of  Health  and  in  the 
same  manner  as  the  first  final  test  and  within  one  week  of  the  date 
of  the  first  final  test.  No  building  shall  be  occupied  as  a  dwelling 
until  a  final  plumbing  certificate  is  issued  by  the  said  Board,  and  the 
plumber  or  person  authorized  to  do  said  work  shall  be  held  responsible 
for  the  proper  condition  of  the  plumbing  work  until  it  is  finally  ap¬ 
proved.  No  certificate  will  be  granted  unless  the  work  is  done  in  a 
thoroughly  workmanlike  manner. 

Sec.  17.  All  plumbing  work  in  process  of  construction  at  the 
present  time  shall  be  tested  in  accordance  with  the  requirements  of 
this  article,  and  all  new  work  not  already  approved  shall  be  tested 
as  aforesaid  within  thirty  days. 

Sec.  18.  Penalty.  Any  person  who  fails  to  comply  with  or  who 
violates  or  who  offends  against  any  provision  of  this  article  or  any 
section  thereof,  shall,  upon  conviction  thereof,  forfeit  and  pay  a 
penalty  of  ten  dollars,  and  each  day  during  which  a  violation  of  this 
ordinance  is  allowed  to  exist  shall  constitute  a  separate  and  distinct 
offense. 

ARTICLE  XVII. 

CAS  PIPING. 

Section  1.  Any  master  or  foreman  plumber  or  gas  fitter  or  other 
person  proposing  to  install  pipes  for  conducting  illuminating  gas  in 
any  building  in  the  Town  of  Montclair  shall,  before  installing  said 
pipes,  file  with  the  Board  of  Health  plans  and  specifications  for  the 
same  with  suitable  and  necessary  drawings  of  the  work  to  be  per¬ 
formed.  Said  specifications  and  descriptions  shall  be  made  on  blanks 
furnished  for  that  purpose  by  the  Board  of  Health  and  shall  show 
clearly  the  number  of  outlets  to  be  provided  and  the  size  of  pipe  to 
be  used  to  supply  each  outlet. 

Sec.  2.  All  pipe  used  in  buildings  as  above  specified  shall  be  of 
the  best  quality  of  wrought  iron. 

Sec.  3.  All  fittings  used  for  making  connections  between  pipes  shall 
he  of  galvanized,  malleable  iron. 


SANITARY  CODE. 


269 


Sec.  4.  The  piping  of  houses  must  be  arranged  according  to  the 
following  rules : 


Size  of 

Greatest  length 

Maximum 

piping. 

allowed. 

number  of 

Inches. 

Feet. 

burners. 

3-8 

26 

3 

1-2 

36 

6 

3-4 

60 

20 

1 

80 

35 

1  1-4 

110 

60 

1  1-2 

150 

100 

2 

200 

200 

2  1-2 

300 

300 

3 

450 

450 

No  pipe  less  than  three-eighths  inch  in  diameter  shall  be  used,  and 
all  risers  shall  be  at  least  three-fourths  inch  in  diameter.  The  bending 
of  pipes  will  nor  be  permitted,  but  changes  in  direction  must  be  made 
by  means  of  fittings.  No  pipe  shall  be  laid  so  as  to  support  any 
weight,  or  so  that  it  is  liable  to  have  weight  thrust  upon  it  by  the 
deflection  of  beams. 

Sec.  5.  All  lines  of  piping  throughout  any  building,  except  drops, 
must  be  laid  with  a  descent  back  to  the  risers,  with  no  depression  to 
hold  condensation.  Drops  with  drip  pipes,  where  needed,  must  be 
provided  at  meters  and  at  such  other  points  as  the  plan  of  piping 
may  render  necessary.  No  pipes  shall  be  laid  under  tile  or  parquet 
floors,  marble  or  other  stone  or  metal  platforms,  or  under  hearthstones, 
unless  the  local  conditions  render  such  procedure  imperative,  in  which 
case  galvanized  pipes  shall  be  used. 

Sec.  6.  When  the  gas  pipes  in  any  building  are  in  position,  the 
Board  of  Health  shall  be  notified  and  an  air  test,  under  a  pressure 
of  at  least  four  pounds  to  the  square  inch,  as  indicated  by  a  mercury 
gauge,  shall  be  made  by  the  plumber  or  gas  fitter  in  the  presence 
of  said  Board  before  said  pipes  are  enclosed  or  concealed  in  any  way. 
All  joints,  pipes  and  fittings  must  be  made  tight,  and  no  application 
of  gas  fitter’s  cement  or  similar  material  shall  be  applied  to  any  part 
of  the  piping  system. 

When  the  system  of  piping  is  entirely  completed,  and  after  it  is 
enclosed  within  walls  and  before  the  supply  is  turned  on  from  the 


270 


SANITARY  CODE. 


gas  main  in  the  street,  another  test  similar  to  the  one  already  de¬ 
scribed  shall  be  applied  by  the  plumber  or  gas  fitter  in  the  presence 
of  said  Board. 

In  case  either  of  the  above-mentioned  tests  reveals  that  the  work 
is  defective,  or  not  in  accordance  with  the  requirements  of  this  article, 
the  system  shall  be  made  to  conform  to  said  requirements  within 
three  days  of  the  date  of  testing,  and  a  fee  of  one  dollar  must  be 
paid  to  defray  the  expense  of  each  and  every  retest  before  such  retest 
will  be  made.  The  said  retest  shall  be  made  in  the  same  manner  as 
the  first  and  second  tests. 

Sec.  7.  No  meter  shall  be  set  by  any  gas  company  or  by  any 
person  until  said  person  or  corporation  shall  have  obtained  a  certifi¬ 
cate  from  the  Board  of  Health  stating  that  the  gas  pipes  have  been 
installed  in  accordance  with  the  specifications  hereinbefore  set  forth. 

Sec.  8.  Any  person  who  fails  to  comply  with,  or  who  violates  or 
who  offends  against  any  provision  of  this  article,  or  any  section  there¬ 
of,  shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty  of  ten 
dollars,  and  each  day  during  which  a  violation  of  this  article  is  al¬ 
lowed  to  exist  shall  constitute  a  separate  and  distinct  offense. 

ARTICLE  XVIII. 

RIGHT  OF  ENTRY. 

Section  1.  This  Board  shall  have  the  right  to  enter  in  or  upon  any 
premises  at  any  reasonable  hour  of  the  day  to  determine  whether  nui¬ 
sances  exist  therein  or  thereon,  or  to  determine  whether  the  provisions 
of  this  ordinance  are  being  followed  or  obeyed.  Any  person  opposing 
such  entry  shall,  upon  conviction  thereof,  forfeit  and  pay  a  penalty 
of  fifty  dollars  for  each  offense. 

ARTICLE  XIX. 

REPEALER. 

Section  1.  All  ordinances  and  parts  of  ordinances  heretofore 
adopted  by  this  Board  are  hereby  repealed,  except  those  for  the  pros¬ 
ecution  and  punishment  of  persons  who  may  have  violated  any  of  the 
provisions  thereof. 

Passed  April  9,  1907. 

M.  N.  BAKER,  Pres. 

Attest — John  N.  Holton,  Sec’y. 


BUILDING  CODE. 


An  Ordinance  to  Regulate  and  Control  the  Inspection,  Construction,  Altera¬ 
tion  and  Repair  of  Buildigs,  in  the  Town  of  Montclair. 

Be  it  ordained  by  the  Town  Council  of  the  Town  of  Montclair,  in 
the  County  of  Essex,  as  follows : 

ARTICLE  I. 

BUILDING  COMMITTEE. 

There  shall  be  a  committee  appointed  to  be  known  as  the  Building 
Committee,  to  consist  of  not  less  than  three  members  of  the  Council 
to  be  appointed  annually  by  the  Mayor,  with  such  duties  as  the  Council 
may  by  resolution  direct. 

ARTICLE  II. 

INSPECTOR  OF  BUILDINGS. 

Section  1.  There  shall  be  an  officer  of  said  Town  to  be  known 
as  “Inspector  of  Buildings,”  who  shall  be  appointed  from  time  to 
time  by  the  Town  Council.  He  shall  hold  office  during  the  pleasure 
of  said  Council,  and  shall  receive  such  salary  as  the  said  Council 
shall  designate.  He  shall  be  a  practical  architect,  building  contractor 
or  mechanic  of  at  least  ten  years  good  standing  and  he  shall  perform 
all  the  duties  required  of  him  by  the  ordinances  and  resolutions  of 
the  Council  and  shall  see  to  the  strict  enforcement  of  the  ordinances 
of  the  said  Town  relating  to  the  inspection,  construction,  repair  and 
alteration  of  any  building  or  part  of  a  building  within  the  said  Town. 


271 


BUILDING  CO  Dll 
DUTIES  OF  INSPECTOR 

PERMITS. 

Sec.  2.  The  Inspector  of  Buildings  shall  without  unnecessary  delay 
issue  permits  for  the  erection,  alteration  and  repair  of  buildings  in 
all  cases  where  the  plans  and  specifications  comply  with  the  provisions 
of  this  ordinance,  and  make  a  careful  inspection  of  all  buildings  in 
the  course  of  erection,  of  any  and  all  buildings  undergoing  alterations, 
and  of  all  buildings  and  structures,  and  their  several  parts,  which 
have  become  unsafe,  and  compel  proper  precautions  to  be  taken  for 
the  protection  of  life  and  property  as  herein  provided,  or  as  provided 
Jiy  anv  ordinance  or  resolution  of  the  Town  Council. 

APPLICATION  for  permits. 

Sec.  3.  [As  am’d  April  22,  1907.]  Before  any  person  or  persons 
shall  erect,  raise,  alter  or  repair  any  building  or  buildings,  the  person 
or  persons  intending  or  desiring  so  to  do  shall  first  apply  for  and 
obtain  from  the  Inspector  of  Buildings  a  permit,  signed  by  said  In¬ 
spector  and  countersigned  by  the  Chairman  of  the  Building  Com¬ 
mittee,  and  shall  pay  for  such  permit  at  the  rate  of  one  dollar  per 
$1,000  of  the  estimated  cost  of  the  building  or  alteration;  provided, 
however,  that  ordinary  repairs  may  be  made  without  such  application 
to  the  inspector.  Ordinary  repairs  are  not  to  be  construed  or  held 
to  include  the  cutting  in  of  any  door  or  window,  or  closing  up  of 
the  same,  the  putting  up  of  any  partitions,  the  alteration  or  the  cutting 
away  of  any  constructional  supports  or  the  removal  or  closing  of  any 
staircase  or  exit.  Provided  further,  that  in  case  of  additions,  altera¬ 
tions  or  repairs  estimated  to  cost  one  hundred  dollars  or  less,  no  fee 
shall  be  required. 

Sec.  4.  Plans  and  specifications  for  plumbing  work  shall  be  filed 
separately  with  the  Board  of  Health,  and  shall  in  all  cases  be  approved 
by  the  proper  officer  of  said  Board,  as  being  in  accordance  with  the 
ordinance  of  such  Board,  and  all  the  fees  for  the  same  shall  be  paid 
to  such  Board  of  Health  officer,  before  the  Inspector  of  Buildings 
shall  issue  any  permit. 

This  section  shall  apply  to  any  general  alteration  of  plumbing  work 
within  any  building  within  this  town,  as  well  as  to  plumbing  work  in 
newly  constructed  buildings. 


BUILDING  CODE. 


273 


The  foiegoing  provisions  and  all  the  provisions  of  this  ordinance 
shall  apply  with  equal  force  to  all  buildings,  both  municipal  and 
private. 

Sec.  5.  [As  am’d  April  22,  1907.]  Every  application  for  a  permit 
for  the  erection  of  any  building  or  part  thereof,  or  the  alteration, 
repairing  or  raising  of  any  building  or  structure,  or  part  thereof,  shall 
be  in  writing,  signed  by  the  owner  proposing  to  make  the  alteration 
or  repair  or  to  erect  or  raise  the  builuing  or  structure,  or  his  agent, 
which  shall  state  where  the  building  or  structure  is  proposed  to  be 
erected,  giving  a  description  of  the  lot  by  map,  block  and  lot  number, 
and  the  description  thereof  proposed  to  be  made;  the  same  shall  be 
accompanied  by  plans  and  specifications,  a  duplicate  copy  of  plans 
of  the  proposed  work,  drawn  to  a  scale  in  ink,  blue  print  or  tracing, 
together  with  a  detailed  statement  upon  blanks  furnished  by  the 
Building  Department,  giving  a  full  description  of  said  building  or 
structure,  or  part  thereof,  its  proposed  use  and  the  estimated  cost 
of  all  the  work,  and  said  copy  of  the  plan  and  statement  shall  be 
kept  on  file  in  the  department  for  reference. 

The  erection,  construction,  alteration  or  repair  of  said  building  or 
structure,  or  part  thereof,  shall  not  be  commenced  nor  proceeded  with 
until  such  statement,  specifications  and  plans  shall  have  been  filed 
and  a  permit  issued  by  the  said  Inspector  of  Buildings,  subject,  how¬ 
ever,  to  the  provisions  in  Section  3  of  Article  1,  regarding  ordinary 
repairs. 


REPAIRS  WITHOUT  PERMIT. 

Sec.  6.  Ordinary  repairs  may  be  made  without  r^tice  to  the 
Inspector,  but  such  repairs  shall  not  be  construed  to  include  the 
cutting  away  of  any  constructional  supports,  or  the  removal  or  closing 
of  any  staircase  or  exit. 


PEMOVAES. 

Sec.  7.  Permits  for  removal  shall  specify  the  time  within  which 
the  removal  shall  he  made. 

As  herein  used  the  term  “removal”  means  to  change  the  location 
of  building  or  structure,  without  taking  down,  and  “demolition”  shall 
mean  removal  by  taking  down. 


274 


BUILDING  CODE. 


DEMOLISHING  BUILDINGS. 

Sec.  8.  All  temporary  structures  of  wood  shall  be  demolished  by 
the  owners  upon  the  completion  of  purpose  specified. 

Sec.  9.  When  plans  and  detailed  statements  are  filed  with  the 
Inspector  of  Buildings  for  the  erection  of  a  new  building,  if  an 
existing  building  or  part  of  an  existing  building  is  to  be  demolished, 
such  fact  shall  he  stated  in  the  statement  so  filed. 

In  demolishing  any  building,  story  after  story  shall  be  completely 
removed.  No  materials  shall  be  placed  upon  the  floor  of  any  such 
building  in  the  course  of  demolition,  but  the  brick,  timber  and  othei 
structural  parts  of  each  story  shall  be  lowered  to  the  ground  imme¬ 
diately  upon  displacement.  The  owner,  architect,  builder,  or  con¬ 
tractor  for  any  building,  structure,  premises,  wall,  platform,  staging, 
or  flooring  to  be  demolished,  shall  give  not  less  than  twenty-four 
hours’  notice  to  the  Inspector  of  Buildings  of  such  intended  demolition. 

Sec.  10.  Every  wooden  or  frame  building  with  a  brick  front  or 
otherwise,  within  the  fire  limits  of  said  town,  which  may  hereafter 
be  damaged  by  fire  to  an  amount  not  greater  than  one-half  the  value 
of  the  structure,  exclusive  of  the  foundation,  before  such  fire,  may 
be  repaired  or  rebuilt  pursuant  to  the  provisions  of  this  ordinance, 
but  if  such  damage  shall  amount  to  more  than  one-half  such  value, 
exclusive  of  the  foundation,  then  such  building  shall  not  be  repaired 
or  rebuilt,  but  shall  be  taken  down  and  removed. 

Sec.  11.  In  case  of  dispute  as  to  the  amount  or  extent  of  such 
damage  by  fire  mentioned  in  the  foregoing  section  of  this  ordinance, 
shall  be  determined  by  two  disinterested  persons  each  of  whom  shall 
be  a  practical  architect,  mason  or  carpenter,  residing  in  the  town,  one 
of  whom  shall  be  appointed  by  the  owner  or  owners  of  said  building 
and  the  other  by  the  Inspector  of  Buildings,  and  in  case  such  two 
disagree,  they  shall  elect  a  third  disinterested  person,  who  shall  also 
be  a  practical  architect,  mason  or  carpenter,  and  the  decision  in  writing 
of  any  two  of  them  shall  be  final  and  conclusive  in  the  premises ;  and 
such  building  shall  not  be  repaired  or  rebuilt  until  after  the  decision 
of  the  persons  aforesaid  shall  be  made  in  writing,  finding  that  such 
damage  does  not  exceed  one-half  of  the  value  of  such  buildings  ex¬ 
clusive  of  foundation ;  and  such  arbitrators  or  persons  aforesaid  shall 
receive  five  dollars  for  such  service,  which  fee  shall  be  paid  by  the 


BUILDING  CODE 


275 


owner  or  owners  of  such  building,  upon  the  filing  and  before  the 
opening  of  their  report. 

Sec.  12.  That  it  shall  be  the  duty  of  the  Inspector  of  Buildings 
upon  any  complaint  in  writing  being  filed  with  him,  that  any  building 
is  unsafe  or  dangerous,  to  make  an  immediate  examination  of  the  same. 
The  Inspector  of  Buildings  is  hereby  authorized,  if  it  is  necessary 
to  do  so,  to  enter  into  any  building  at  any  time,  for  the  purpose  of 
making  such  examination,  and  if  in  his  opinion  any  such  building 
is  in  danger  of  falling,  in  whole  or  in  part,  from  any  cause  whatever, 
he  shall  at  once  cause  a  written  or  printed  notice  to  be  served  upon 
the  owner  thereof,  requiring  such  owner  to  take  down  or  repair  the 
same  in  such  manner  and  within  such  reasonable  time,  as  he  may 
deem  proper.  In  case  the  owner  of  any  such  building  so  complained 
of  cannot  be  found  by  reason  of  absence  or  removal  from  the  town, 
or  for  any  other  cause,  or  if  such  owner  be  resident  without  the 
town,  the  said  Inspector  of  Buildings  shall  cause  such  notice  to  be 
mailed  in  the  post  office  of  the  town  in  a  wrapper  with  postage  prepaid, 
addressed  to  such  owner  at  his  or  her  last  known  post-office  address, 
and  such  mailing  shall  be  deemed  and  taken  to  be  sufficient  service 
of  such  notice,  and  in  case  of  neglect  or  refusal  to  comply  with  said 
notice,  shall  report  the  same  to  the  Building  Committee,  the  said 
committee  shall  promptly  examine  said  building  and  shall  notify  the 
owner  or  agent  of  any  such  building  to  appear  before  them  and  may, 
if  they  deem  it  necessary,  request  some  architect,  engineer,  or  builder, 
to  examine  such  building  and  report  to  them  at  such  time  and  place 
as  they  may  deem  proper;  if  after  such  examination  a  majority  of 
such  committee  concur  with  the  Inspector  of  Buildings  that  the' 
building  complained  of  is  in  an  unsafe  and  dangerous  condition,  either 
in  whole  or  in  part,  they  shall  report  immediately  to  the  Council,  and 
deliver  all  papers,  statements,  or  proofs  submitted  to  them,  and  the 
Council  shall  thereupon,  as  soon  as  possible,  consider  such  matter, 
and  shall  determine  by  a  vote  of  a  majority  of  the  whole  number  of 
the  members  what  disposition  shall  be  made  thereof. 

Sec.  13.  In  case  any  building  shall  be  adjudged  unsafe  and  danger¬ 
ous  by  the  Council,  the  Inspector  of  Buildings  shall  immediately  serve 
a  written  or  printed  notice  upon  the  owner  thereof,  commanding  him 
to  make  such  building  safe  and  secure,  or  to  remove  the  same,  as  may 
be  determined  bv  the  Council ;  which  notice  shall  further  require  the 
person  thus  served  to  immediately  certify  to  the  Inspector  of  Build- 


276 


BUILDING  CODE. 


ings  his  assent  or  refusal  to  comply  with  said  notice;  if  the  person 
so  served  shall  assent  to  the  securing  or  removal  of  said  unsafe  build¬ 
ing,  he  shall  be  allowed  twenty-four  hours,  next  following  the  service 
of  said  notice,  in  which  to  commence  the  securing  or  removal  of  the 
same,  and  he  shall  employ  sufficient  labor  and  assistance  to  complete 
said  work  as  expeditiously  as  possible;  but  on  his  refusal  or  neglect 
to  comply  with  any  of  the  requirements  of  said  notice  ,the  Inspector 
of  Buildings  shall  forthwith  proceed  to  repair  and  secure,  or  take 
down  and  remove,  as  shall  have  been  determined,  as  aforesaid,  said 
unsafe  building  or  part  thereof,  and  in  so  doing  he  may  employ  such 
labor  and  assistance,  and  furnish  such  materials  and  appliances,  as 
may  be  necessary  for  that  purpose. 

Sec.  14.  The  Inspector  of  Buildings  shall  report,  under  oath,  to 
the  Council,  a  detailed  statement  of  the  costs  and  expenses  so  incurred 
by  him,  shall  be  paid  by  the  owner,  and  in  case  of  the  refusal  of  the 
owner  to  pay  the  same  on  demand,  the  Council  may  thereupon  author¬ 
ize  said  cost  and  expenses  to  be  paid  by  the  Town  and  may  direct  the 
Town  Attorney  to  collect  said  amount  from  the  owner  or  agent  of 
said  building  by  suit  in  a  court  of  competent  jurisdiction. 

Sec.  15.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 
notify  the  tenants  in  buildings  declared  unsafe,  to  vacate  said  premises 
forthwith.  If  such  tenants  refuse  or  neglect  to  vacate  said  premises 
pursuant  to  said  notice,  such  refusal  or  neglect  shall  constitute  a 
violation  of  this  section  and  each  day  of  such  refusal  shall  be  deemed 
a  separate  and  distinct  violation,  the  Inspector  of  Buildings  shall  make 
complaints  to  the  Chief  of  Police,  or  acting  Chief  of  Police,  who  shall 
•immediately  have  such  tenants  removed. 

ENFORCEMENT  OF  ORDINANCE. 

Sec.  16.  It  shall  be  the  duty  of  the  said  Inspector  of  Buildings 
to  enforce  the  provisions  of  all  ordinances  which  relate  to  the  pre¬ 
vention  of  fires,  resulting  from  badly  constructed  buildings.  He  shall 
frequently  inspect  dwelling  houses  between  the  hours  of  10  A.  M. 
and  5  P.  M.,  and  factories,  storehouses,  and  other  buildings  in  the 
Town  between  the  hours  of  7  A.  M.  and  6  P.  M.,  for  the  purpose 
of  ascertaining  all  violations  of  building  rules  and  ordinances  designed 
for  the  effectual  prevention  of  fires.  It  shall  be  lawful  for  him,  the 
said  Inspector,  whenever  he  shall  have  good  and  sufficient  reason  to 


BUILDING  CODE. 


277 


believe  that  any  of  such  ordinances  are  being  violated,  to  enter  into 
or  upon  any  lands  or  buildings  for  the  examination  of  hoistways, 
trap  doors,  fire-places,  hearths,  chimneys,  stoves  and  pipes  thereto, 
receptacles  for  ashes,  ovens,  boilers,  heaters  and  chemical  apparatus, 
which  may  be  dangerous  as  tending  to  cause  or  promote  fires.  It  shall 
be  lawful  for  him,  in  the  day  time,  to  enter  into  or  upon  any  lands 
or  buildings  and  examine  any  part  thereof,  for  the  purpose  of  ascer¬ 
taining  whether  there  may  be  anything  dangerous  in  the  construction 
and  likely  to  cause  or  result  in  the  originating  or  spreading  of  fires; 
and  it  shall  be  his  duty  to  notify  the  owner  or  occupant  of  any  de¬ 
fective  building,  by  written  or  printed  notice,  of  such  defect  and  to 
report  the  matter  to  the  Council  for  its  action. 

storage  of  combustible  material. 

Sec.  17.  The  Inspector  of  Buildings  shall  also  examine  at  reason¬ 
able  hours  in  the  day  time,  and  it  shall  be  lawful  for  him  for  that 
purpose  to  enter  into  and  upon  all  buildings  and  places  where  any 
gunpowder,  saltpetre,  hemp,  flax,  tow,  hay,  rushes,  firewood  boards, 
shingles,  shavings  or  other  combustible  materials  may  be  lodged,  and 
whenever  he  shall  discover  any  violation  of  this  ordinance,  he  shall 
notify  in  writing  the  owner  or  occupants  of  the  building  wherein  such 
unlawful  or  unsafe  conditions  exist,  to  immediately  cause  the  same 
to  be  corrected,  and  it  shall  be  the  duty  of  the  person  so  notified  to 
comply  with  such  notice,  and  in  case  of  the  neglect  dr  refusal  of  the 
owner  or  occupant  of  such  building,  or  the  possessor  of  such  com¬ 
bustible  materials,  to  correct  said  unlawful  or  unsafe  conditions,  and 
to  alter,  remove  or  secure  the  same  within  such  reasonable  time  as 
shall  be  stated  in  said  notice,  such  owner  or  occupant  shall  be  guilty 
of  a  violation  of  this  ordinance. 

Sec.  18.  Any  owner,  contractor,  occupant  or  other  person  being 
on  any  premises  in  this  Town,  who  shall  refuse  to  permit  the  Inspector 
of  Buildings  on  exhibition  of  his  badge  of  authority  to  have  access 
to  his  premises  within  the  hours  and  for  the  purposes  designated  in 
this  ordinance,  or  who  shall  refuse  to  comply  with  the  reasonable 
and  proper  orders  of  the  Inspector  of  Buildings  with  relation  to  any 
matter  committed  to  him  by  this  ordinance,  shall  be  deemed  guilty  of 
a  violation  of  this  ordinance. 


278 


BUILDING  CODE. 


RECORDS. 

Sec.  19.  The  Inspector  of  Buildings  shall  keep  a  record  of  his 
actual  proceedings  as  such;  and  he  shall  also  keep  a  permit  book  and 
a  complaint  book,  which  shall  both  be  open  at  all  times  for  inspection 
by  town  officers.  He  shall  also,  at  the  first  reguler  meeting  of  the 
Town  Council  in  each  month,  make  a  report  of  all  permits  issued 
by  him  for  the  erection  and  alteration  of  buildings  during  the  pre¬ 
vious  month  together  with  the  estimated  cost  of  such  work  and  the 
fees  received  for  the  same,  which  fee  shall  be  paid  over  by  him  to 
the  Town  Treasurer. 

Sec.  20.  [Added  by  Ordinance  April  22,  1907.]  In  case  the 
applicant  for  a  permit  shall  have  given,  in  the  opinion  of  an  inspector, 
an  incoriect  estimate  of  the  cost  of  the  work,  it  shall  be  the  duty 
of  the  inspector  to  make  an  estimate  of  the  cost  of  such  work,  and 
place  such  estimated  total  on  his  statement  and  permit,  and  charge 
fees  or  additional  fees  accordingly,  and  the  builder  or  owner  shall  be 
and  hereby  is  required  to  pay  on  demand  such  additional  fees  so  fixed; 
provided,  however,  that  if  said  inspector’s  estimate  proves  excessive 
the  fees  on  such  excess  shall  be  refunded. 

No  lathing,  plumbing,  heating  nor  electrical  work  shall  be  started 
in  any  building  until  the  building  so  far  as  it  has  progressed  shall  be 
passed  by  the  inspector  and  approved  in  writing. 

If  work  in,  upon  or  about  any  building  or  structure,  or  part  thereof, 
shall  be  conducted  in  violation  of  any  of  the  provisions  of  this  ordi¬ 
nance,  it  shall  be  the  duty  of  the  Inspector  of  Buildings  to  revoke 
the  permit  for  the  building  or  other  work  in  connection  with  which 
such  violation  shall  have  taken  place.  It  shall  be  unlawful  pending 
the  reinstatement  of  such  permit  to  proceed  with  such  work,  and  the 
builder  or  owner  and  any  other  person  proceeding  with  such  work 
shall  be  guilty  of  a  violation  of  this  ordinance.  Before  a  permit  so 
revoked  may  be  lawfully  reinstated,  the  entire  budding  or  structure 
shall  be  first  put  into  condition  complying  with  the  requirements  of 
this  ordinance. 

ARTICLE  III. 

CHAPTER  I. 
definition  of  terms. 

In  this  ordinance  the  following  terms  shall  have  the  meanings 
respectively  assigned  to  them : 


BUILDING  CODE. 


279 


Public  Buildings. 

(a)  “Public  Buildings”  mean  every  building  used  as  a  church, 
or  other  place  of 'public  worship;  also  every  building  used  as  a  college, 
school,  public  hall,  hospital,  theatre,  public  concert  room,  public  ball 
room,  public  lecture  room,  or  for  any  public  assemblage. 

Buildings  of  the  Warehouse  Class. 

(b)  “Buildings  of  the  Warehouse  Class”  shall  comprise  build¬ 
ings  used  for  storage,  manufactories  in  which  machinery  is  operated, 
breweries  and  distilleries. 

Buildings  of  the  Dwelling  House  Class. 

(c)  “Buildings  of  the  Dwelling  House  Class”  shall  comprise  all 
buildings  except  public  buildings  and  buildings  of  the  warehouse  class. 

Inspector. 

(d)  “Inspector”  means  the  Inspector  of  Buildings  appointed  under 
the  provision  of  this  ordinance. 

External  Wall. 

(e)  “External  Wall”  means  every  outer  wall  or  vertical  inclosure 
of  any  building  not  being  a  party  wall. 

Party  Wall. 

(f )  “Party  Wall”  means  a  wall  that  separates  two  or  more  build¬ 
ings  and  used,  or  to  be  used,  jointly  by  or  for  said  separate  building. 

Division  Wall. 

(g)  “Division  Wall”  means  a  wall  that  separates  one  part  of 
any  building  from  another  part  of  the  same  building. 

Base  of  a  Brick  Wall. 

(h)  “Base  of  a  Brick  Wall”  means  the  course  immediately  above 
the  foundation  wall. 


280 


BUILDING  CODE. 


Footing  Course. 

(i)  “Footing  Course”  means  a  projecting  course,  or  courses,  under 
the  base  of  a  foundation  wall. 

CHAPTER  II. 

MATERIALS. 

Lime  Mortar. 

Sec.  1.  Lime  mortar  shall  be  made  of  one  part  of  lime  and  not 
more  than  four  parts  of  sand;  all  lime  used  for  mortar  shall  be  of 
good  quality,  properly  slaked  and  thoroughly  burned  before  it  is 
mixed  with  sand. 

Cement  Mortar. 

Sec.  2.  Cement  mortar  shall  be  made  of  cement  and  sand  in  the 
proportion  of  one  part  of  cement  and  nOi  more  than  three  parts  of 
sand,  and  shall  be  used  immediately  after  being  mixed.  The  cement 
and  sand  are  to  be  measured  and  thoroughly  mixed  before  adding 
water.  Cements  must  be  very  finely  ground  and  free  from  lumps. 

Cement  and  Lime  Mortar. 

Sec.  3.  Cement  and  lime  mortar,  mixed,  shall  be  made  of  one 
part  of  lime,  one  part  of  cement  and  not  more  than  three  parts  of 
sand  to  each. 


Concrete  for  Foundation.. 

Sec.  4.  Concrete  for  foundations  shall  be  made  of  at  least  one 
part  of  Portland  cement,  two  parts  of  sand  and  five  parts  of  clean, 
broken  stone,  of  such  size  as  to  pass  in  any  way  through  a  two 
(2)  inch  ring,  or  good  clean  gravel  may  be  used  in  the  same  propor¬ 
tion  as  broken  stone. 

The  cement  used  and  stone  or  gravel  shall  be  measured  and  mixed 
as  is  prescribed  for  mortar.  All  concrete  when  in  place  shall  be 
properly  rammed  and  allowed  to  set  without  being  disturbed. 

The  sand  used  for  mortar  in  all  buildings  shall  be  clean,  sharp  grit 
sand,  free  from  loam  or  dirt,  and  shall  not  be  finer  than  the  standard 
samples  kept  in  the  office  of  the  Inspector  of  Buildings. 


BUILDING  CODE. 


281 


CHAPTER  III. 

REGULATIONS  FOR  CONSTRUCTION. 

The  External  and  Party  Wall. 

Sec.  1.  The  external  and  party  wall  shall  be  made  throughout 
the  different  stories,  of  the  thickness  shown  by  the  following  sec¬ 
tions,  arranged  according  to  the  height  and  length  of  the  walls  up 
to  one  hundred  feet  in  height. 

Every  wall  constructed  of  brick,  stone  or  other  incombustible  sub¬ 
stance,  shall  be  solidly  put  together  with  lime  and  cement  mortar, 
or  cement  and  sand  mortar,  and  properly  bonded ;  proportioned  as 
follows :  Below  grade,  two  parts  of  good  sharp  sand  and  one  part 
of  good  cement;  above  grade,  two  barrels  of  good  sharp  sand,  one 
barrel  of  putty  lime  and  one  hundred  pounds  of  cement. 

Sec.  2.  External  and  party  walls  above  the  ground  floor,  shall 
be  securely  anchored,  at  least  every  eight  feet,  to  each  tier  of  beams 
with  wrought-iron  hook-end  anchors,  provided  with  proper  T  or 
other  iron  heads.  Where  beams  are  supported  by  girders,  the  anchor¬ 
age  must  be  made  continuous  “dog  anchors”  of  proper  proportions, 
or  other  approved  system. 

Anchors  parallel  with  joints  or  beams  to  be  not  less  than  two  feet 
long;  anchors  at  right  angles  to  joist  not  less  than  five  feet  long. 

Thickness  of  Walls. 

Sec.  3.  (a)  The  thickness  of  every  wall,  as  herein  determined, 

shall  be  the  minimum  thickness. 

Height  of  Stories. 

(b)  The  height  of  every  topmost  story  shall  be  measured  from 
the  level  of  its  floor,  up  to  the  underside  of  the  tie  of  the  roof,  or 
up  to  the  vertical  height  of  the  rafters  when  the  roof  has  no  tie,  and 
the  height  of  every  story  shall  be  the  clear  height  of  such  story, 
exclusive  of  the  thickness  of  the  floor. 

Height  of  Walls. 

( c )  The  height  of  every  external  and  party  wall  shall  be  measured 
from  the  base  of  the  wall  to  the  level  of  the  top  of  the  topmost  story. 


282 


BUILDING  CODE. 


Division  of  Walls. 

(d)  Walls  are  deemed  to  be  divided  into  distinct  lengths  by 
return  walls,  and  the  length  of  every  wall  is  measured  from  the  center 
of  one  return  wall  to  the  center  of  another,  providing  that  such  return 
walls  are  external  or  party  walls,  of  the  thickness  herein  required, 
and  bonded  into  the  walls  so  deemed  to  be  divided. 

Construction  of  Buildings. 

(e)  In  the  construction  of  buildings  hereafter  erected  of  brick, 
stone  or  other  incombustible  substance  within  the  said  Town  of 
Montclair. 


Thickness  of  Division  Walls. 

Division  walls  shall  not  be  less  than  two-thirds  the  thickness  of 
the  party  or  external  walls  of  the  same  heights  and  lengths,  but 
never  less  than  eight  inches  thick,  except  when  used  as  partition  walls 
and  not  as  bearing  walls,  and  not  more  than  twelve  feet  high. 

Return  Wall. 

(f)  No  wall  subdividing  any  buildings  shall  be  deemed  a  return 
wall,  as  before  mentioned  in  this  ordinance,  unless  it  is  two-thirds 
the  height  of  the  external  or  party  walls. 

Recesses,  or  Openings. 

(g)  If  the  recesses,  or  openings  in  party,  external  or  division 
walls,  the  same  being  bearing  walls,  exceed  one-third  the  entire  area 
of  the  wall  in  the  story  in  which  they  are  made,  the  thickness  of  said 
walls  shall  be  four  inches  greater  than  set  forth  in  the  table. 

Recesses  and  Chases. 

(b)  Recesses  and  Chases  may  be  made  in  the  walls,  provided  that 
in  party  and  external  walls  backs  or  recesses  and  chases  not  less  than 
eight  inches  thick,  and  in  division  walls  not  less  than  four  inches 
thick.  Chases  shall  be  so  spaced  as  not  to  unduly  weaken  the  wall. 


BUILDING  CODE. 


283 


External  or  Party  Wall. 

(i)  If  the  center  of  any  external  or  party  wall  is  more  than 
twenty-five  feet  distant  from  the  center  of  any  other  external,  or 
party  wall,  to  which  it  is  tied  by  the  beams  of  any  other  floor  or 
floors  other  than  the  ground  floor,  or  the  floors  of  any  story  formed 
in  the  roof,  the' length  of  such  wall  is  not  to  be  taken  into  considera¬ 
tion  and  the  thickness  of  the  wall  will  be  found  in  the  following 
sections. 

(j)  If  any  story  exceeds  in  height  sixteen  times  the  thickness 
prescribed  for  the  walls  of  such  building  in  the  following  section, 
the  thickness  of  each  external  and  party  wall  throughout  such  story 
shall  be  increased  to  one-sixteenth  part  of  the  height  of  the  story; 
but  any  such  additional  thickness  may  be  confined  to  piers  properly 
distributed,  of  which  the  collective  widths  shall  amount  to  one-fourth 
part  of  the  length  of  the  walls. 

Twelve  Inch  Wall. 

(k)  No  story,  enclosed  with  wall  less  than  twelve  inches  in 
thickness,  shall  be  more  than  eleven  feet  in  height. 

Sec.  4.  In  all  walls  that  are  built  hollow,  the  same  quantity  of 
stone  or  brick  shall  be  used  in  their  construction,  as  if  they  were 
built  solid,  as  in  this  ordinance  provided,  and  no  hollow  wall  shall 
be  built  unless  the  parts  of  same  are  connected  by  proper  ties,  either 
of  brick,  stone,  iron  or  concrete  placed  not  over  twenty-four  inches 
apart.  The  inside  four  inches  of  all  walls  may  be  built  of  hard  burnt, 
hollow  clay  or  porous  terra  cotta  blocks,  properly  tied  and  bonded 
into  the  walls,  and  of  the  dimensions  of  ordinary  bricks. 

Sec.  3.  All  bricks  shall  be  good  hard  well-burned  bricks  and  shall 
be  well  wet  before  being  laid  between  the  16th  day  of  March  and 
the  first  day  of  November. 

When  old  bricks  are  used  they  shall  be  thoroughly  cleaned  before 
being  used  and  they  shall  be  whole,  good,  hard,  well-burned  bricks. 

EXCAVATIONS  AND  FOUNDATIONS. 

Guarding  of  Excavation. 

Sec.  6.  All  excavations  shall  be  properly  guarded  and  protected, 
so  as  to  prevent  the  same  from  becoming  dangerous  to  life  or  limb 


284 


BUILDING  CODE. 


and  shall  be  sheet-spiled  when  necessary  to  prevent  the  adjoining 
earth  from  caving  in,  by  the  person  or  persons  causing  excavations 
to  be  made.  They  shall  also  comply  with  state  laws  covering  ex¬ 
cavations. 


Owners  of  Adjoining  Property. 

Owners  of  adjoining  property,  on  receiving  notice  from  parties 
interested  in  such  excavations,  shall  also  comply  with  the  State  laws. 

Foundation  Walls. 

Sec.  7.  Proper  foundation  walls  or  piers,  and  their  footings  of 
masonry  or  other  suitable  material,  shall  be  provided  for  the  support 
of  buildings.  All  foundation  walls  shall  be  at  least  four  inches 
thicker  than  the  base  of  the  wall  of  the  first  story  next  above  them, 
if  built  of  brick,  and  eight  inches  thicker  if  built  of  stone.  The 
bottom  of  foundation  of  footings  of  external  walls  or  piers  shall 
be  at  least  four  feet  below  the  ground  surface  and  not  exposed  to 
frost. 

Piles. 

Sec.  8.  Piles  intended  for  a  wall  pier  or  post  to  rest  upon,  shall 
not  be  less  than  five  inches  in  diameter  at  the  smallest  end,  and  shall 
be  spaced  not  more  than  thirty  inches  on  centers,  and  they  shall  be 
driven  to  a  solid  bearing. 

Loading  of  Piles. 

No  pile  shall  be  weighted  with  a  load  exceeding  forty  thousand 
pounds. 

The  top  of  all  piles  shall  be  cut  off  below  the  lowest  water  line ; 
when  required,  concrete  shall  be  rammed  down  in  the  inter-spaces 
between  the  heads  of  the  piles  to  a  depth  and  thickness  of  not  less 
than  twelve  inches  and  for  one  foot  in  width  outside  of  the  piles. 

Ranging  and  Capping  Timbers. 

When  ranging  and  capping  timbers  are  laid  on  piles  for  founda¬ 
tions,  they  shall  be  not  less  than  six  inches  thick  and  properly  joined 
together,  and  their  tops  laid  below  the  water  line. 


BUILDING  CODE. 


285 


Crib  Lootings. 

When  Crib  Footings  of  iron  or  steel  are  used  below  the  water  level, 
the  same  shall  be  entirely  coated  with  coal  tar,  paraffine,  varnish,  or 
other  suitable  preparations,  before  being  placed  in  position.  When 
footings  of  iron  or  steel  for  columns  are  placed  below  the  water 
level,  they  shall  be  similarly  coated  for  preservation  against  rust. 

Base  Course. 

Sec.  9.  The  footing  or  base  course  shall  be  of  stone  or  concrete, 
or  both,  or  stepped-up  brick  work,  of  sufficient  thickness  and  area 
to  safely  bear  the  weight  to  be  imposed  thereon.  If  the  footing  of 
base  course  be  of  concrete,  the  concrete  shall  not  be  less  than  eight 
inches  thick,  and  not  less  than  twelve  inches  wider  than  the  bottom 
width  of  wall  resting  upon  it. 

Thickness  of  Stone  for  Base  Course. 

If  of  stone,  the  footing,  or  base  course,  shall  not  be  less  than  eight 
inches  in  thickness  for  walls,  and  at  least  twelve  inches  wider  than 
the  bottom  width  of  said  walls,  and  not  less  than  ten  inches  in  thick¬ 
ness  if  under  piers,  columns  or  post,  and  at  least  six  inches  wider 
on  all  sides  than  the  bottom  width  of  such  piers  ,or  columns.  All  base 
stones  shall  be  well-bedded  and  laid  crosswise,  edge  to  edge. 

Stepping-up  Footing  of  Brick.  . 

If  stepped-up  footing  of  brick  are  used  in  place  of  stone,  above 
the  concrete,  the  steps,  or  offsets,  if  laid  in  single  courses,  shall  not 
exceed  one  and  one-half  inches,  or  if  laid  in  double  courses,  then 
each  shall  not  exceed  three  inches  starting  with  the  brickwork,  cover¬ 
ing  the  entire  width  of  the  concrete,  so  as  to  properly  distribute  the 
load  to  be  imposed  thereon. 

Iron  Anchors. 

Sec.  10.  In  all  buildings  over  three  stories  high,  walls  faced  with 
stone  shall  have  backing  of  the  thickness  specified  for  walls  where  no 
facing  is  used,  unless  the  stone  facing  is  laid  in  alternate  courses  of 
different  thicknesses,  so  as  to  bond  on  the  backing  at  least  every  two 
feet  in  height,  when  the  backing  may  be  four  inches  in  thickness. 


286 


BUILDING  CODE. 


Walls  not  carried  up  together  must  be  anchored  every  three  feet  in 
their  height  by  good  and  sufficient  wrought  iron  anchors,  thirty-six 
inches  long,  ends  to  be  turned  up  two  and  a  half  inches,  cut  stone 
work  must  be  properly  clamped  and  anchored  to  backing;  pressed 
brickwork  to  be  properly  bonded  to  backing. 

Sec.  11.  Foundation  wall  of  frame  buildings  shall  be  twelve  inches 
thick  if  built  of  brick  or  of  concrete  made  of  Portland  cement  and 
sixteen  inches  if  built  of  stone;  if  the  bearing  wall  and  girders  do 
not  exceed  sixteen  feet  in  span,  the  three  feet  of  upper  section  of 
wall  shall  be  at  least  eight  inches  thick ;  all  foundation  walls  shall 
be  built  upon  a  footing  course  of  concrete  six  inches  deep  below  the 
cellar  bottom  and  not  less  than  sixteen  inches  wide.  Trench  walls 
shall  be  of  concrete  twelve  inches  wide  and  three  feet  deep  if  topped 
with  brick  to  a  height  not  exceeding  two  feet  six  inches,  the  wall 
may  be  eight  inches  thick;  if  built  higher  it  shall  be  not  less  than 
twelve  inches  thick.  No  pier  or  dwarf  partition  wall  shall  be  built 
less  than  twelve  inches  thick  if  above  two  feet  in  height  and  not  less 
than  eight  inches  thick  in  any  case. 

Sec.  12  [As  ant’d  April  22,  1907.]  Every  pier  built  of  brick, 
containing  less  than  nine  superficial  feet  at  the  base  supporting  a 
beam,  arch  or  column  supporting  a  wall,  shall  at  intervals  of  not 
over  thirty  inches  apart  in  height,  have  built  into  it  a  bond  stone 
and  cap  stone  not  less  than  four  inches  thick,  or  a  cast  iron  plate  of 
sufficient  strength  and  the  full  size  of  the  pier. 

Piers. 

All  piers  shall  be  built  of  stone,  or  good,  hard  burnt  brick  laid  in 
cement  mortar. 

For  piers  fronting  on  a  street,  the  bond  stones  may  conform  with 
the  kind  of  stone  used  for  the  trimmings  of  the  front. 

Isolated  brick  piers  shall  not  exceed  in  height  eight  times  their 
least  dimensions. 

The  Walls  Below  the  Curb  Level. 

Sec.  13.  The  walls  of  buildings  below  the  curb  level,  or  the  first 
tier  of  floor  beams  nearest  thereto,  shall  be  laid  in  Portland  cement 
and  sand  mortar. 

All  other  walls  built  of  brick  or  stone  may  be  laid  in  lime,  cement 
and  sand  mortar. 


BUILDING  CODE. 


28  7 


Inside  Piers. 

All  inside  piers  shall  be  built  on  a  concrete  footing  six  inches  deep 
and  sixteen  inches  wide;  all  outside  piers  shall  have  concrete  footing 
twelve  inches  wide  and  three  feet  deep. 

Iron  Posts. 

Iron  posts  not  less  than  four  inches  in  diameter,  may  be  used 
to  support  girders  in  cellars  in  place  of  brick  piers  if  set  on  stone 
footings  twelve  inches  square  and  set  two  inches  above  the  finished 
cellar  bottom. 

CHIMNEYS,  FLUES  AND  HEATING  APPARATUS. 

Sec.  14.  (a)  No  chimney  or  smoke  flue  shall  be  built  where 

chimneys  are  furred  ofif,  unless  the  furring  shall  be  at  least  two 
inches,  by  four  inches  in  size,  and  shall  not  be  fastened  to  the 
chimney,  through  wooden  wedges  in  the  joints  of  the  brick  work. 

Fire  Places. 

(b)  In  the  construction  of  fire  places,  no  jamb  or  back  shall  be 
less  than  eight  inches  thick,  and  a  brick,  stone  or  iron  support  shall 
be  provided  over  the  opening  to  support  the  breast. 

Hearths. 

(c)  Hearths  or  open  fire  places  shall  be  of  stone  or  incombustible 
substance,  and  shall  rest  on  brick,  trimmer  arches  or  other  fire-proof 
material,  which  arches  or  other  material  shall  not  be  less  than  eighteen 
inches  wide  in  front  of  the  breast. 

Chimney  Tops. 

(d)  Chimney  tops  shall  be  at  least  four  feet  above  any  flat  roof, 
or  the  ridge  of  any  pitched  roof  through  which  it  is  built,  or  if  built 
through  any  other  part  of  a  pitched  roof  shall  not  be  finished  lower 
than  the  ridge  of  said  roof,  and  any  chimney  carried  to  a  height 


288 


BUILDING  CODE. 


above  the  roof  more  than  six  times  its  thickness  shall  be  properly 
anchored  or  otherwise  made  secure. 

Chimneys  Corbelled  Out. 

(e)  Chimneys  forming  part  of  a  wall  shall  not  be  corbelled  out 
beyond  the  face  of  the  wall,  more  than  one-half  of  the  thickness  of 
the  wall. 

VW. 

Chimney  Foundation. 

Every  chimney  not  forming  part  of  a  wall  shall  rest  upon  the 
ground  or  other  sufficient  fire-proof  foundation. 

Flues. 

(f)  Flues  larger  than  two  hundred  and  fifty  square  inches  and 
less  than  five  hundred  square  inches,  shall  be  surrounded  with  walls 
not  less  than  eight  inches  thick,  and  the  walls  of  such  flues,  above 
the  inlet  funnel  shall  be  twelve  inches  thick  for  the  first  fifteen  feet 
around  and  about  •such  inlet,  tops  of  such  chimneys  to  be  at  least 
eight  feet  above  the  roof,  or  five  feet  above  the  highest  part  of  the 
roof  within  fifty  feet  of  such  chimney;  flues  with  more  than  five 
hundred  and  less  than  eight  hundred  inches  area,  shall  have  not  less 
than  sixteen-inch  walls  opposite  the  inlet,  and  ten  feet  above  the 
same,  and  not  less  than  twelve-inch  walls  for  the  next  thirty-six 
feet ;  top  of  chimney  ten  feet  above  the  roof,  or  seven  feet  above 
the  highest  part  of  the  roof,  within  fifty  feet  of  such  chimney. 

Timbers  Around  Smoke  Flue. 

Sec.  15.  In  no  building  shall  any  timber  work  be  placed  within 
eight  inches  of  any  smoke  flue,  or  within  four  inches  of  the  face 
of  the  wall  enclosing  a  flue.  Timber  in  party  walls  shall  be  sepa¬ 
rated  from  each  other  by  solid  masonry  not  less  than  four  inches 
thick. 


Ranges  and  Stoves. 

Sec.  16.  Where  a  kitchen  range  is  placed  within  twelve  inches  of 
a  wood  stud  partition,  the  said  partition  shall  be  shielded  with  metal 


BUILDING  CODE,. 


289 


from  the  floor  to  the  height  of  not  less  than  three  feet  above  the 
range. 

In  all  buildings  hereafter  erected  all  smoke  flues  shall  be  lined  on 
the  inside  with  flue  lining  made  smooth  on  the  inside,  carried  from 
the  bottom  of  the  flue  or  from  the  throat  of  the  fireplace  if  the  flue 
starts  from  the  latter,  and  carried  up  continuously  to  the  full  height 
of  the  flue.  The  ends  of  all  such  linings  shall  be  made  to  fit  close 
together  and  the  linings  shall  be  built  in  as  the  flue  or  flues  are 
carried  up.  Each  smoke  flue  shall  be  enclosed  on  all  sides  with  not 
less  than  four  inches  of  brickwork  and  shall  have  an  area  of  not  less 
than  thirty-six  square  inches,  and  all  flues  which,  for  any  reason, 
are  liable  to  be  heated  to  high  temperatures  or  to  become  dangerous 
in  any  way,  shall  be  surrounded  on  all  exposed  sides  by  not  less 
than  eight  inches  of  brick. 

Foundation  for  Furnaces,  Etc. 

Sec.  7.  (a)  Stationary  boilers,  heating  furnaces  of  all  kinds 

used  for  heating  or  manufacturing  purposes,  shall  be  placed  on  fire¬ 
proof  foundations  or  hearths,  and  the  floor  space  around  the  same 
shall  be  covered  with  incombustible  and  non-conducting  substances. 

Combustible  Materials  Near  Furnaces,  Etc. 

(b)  No  unprotected  structural  woodwork  or  other  combustible 
material  shall  be  located  within  four  feet  of  any  part  of  a  stationary 
boiler  or  within  twenty  inches  of  any  stove,  oven  or  heating  furnace 
before  mentioned. 


Heating  Pipes. 

(c)  No  pipes  conveying  heating  air  shall  be  placed  nearer  than 
two  inches  to  any  unprotected  combustible  material,  and  no  pipe 
conveying  steam  or  hot  water  shall  be  placed  nearer  than  one-half 
inch  to  any  unorotected  combustible  materials. 

Hot  Air  Conductors. 

(d)  Hot  air  conductors  built  in  between  timbers  or  other  com¬ 
bustible  materials  within  ten  inches  shall  be  made  double  with  at  least 
half  an  inch  space  between  the  two  parts. 


290 


BUILDING  CODE. 


Registers. 

(e)  Hot  air  registers  shall  be  set  in  incombustible  burners  and 
openings  in  floors  for  registers  shall  be  lined  with  metal. 

(f)  [Added  April  22,  1907.]  The  sides  of  studs  and  all  other 
contiguous  beams  or  woodwork  near  hot-air  flues  or  pipes  to  be  lined 
with  metal.  Metal  shields  for  fire  stops  to  hot-air  pipes. 

The  outer  faces  of  all  hot-air  flues  to  be  covered  with  metal  lathing. 

No  steam  or  hot  water  heating  pipes  shall  be  placed  within  two 
inches  of  any  timber  or  woodwork,  unless  the  timber  or  woodwork 
is  protected  by  a  metal  shield,  then  the  distance  shall  not  be  less  than 
one  inch,  and  to  have  metal  tubes  passing  entirely  through  floor  and 
ceiling  or  partition  to  be  one  inch  larger  than  the  steam  or  hot  water 
heating  pipes. 

Every  foundation  for  dwelling  hereafter  erected  on  any  lot  which 
is  damp,  or  which  is  affected  by  draining  of  surface  water  from  other 
properties,  shall  have  all  the  walls  below  ground  level  cemented  at 
least  one-half  inch  thick  and  given  a  coat  of  asphalt. 

In  any  now  existing  buildings  no  room  in  the  basement  or  cellar 
shall  be  altered  for  living  purposes,  unless  any  such  room  shall  have 
sufficient  light,  shall  be  well  drained  and  dry.  The  ceiling  of  such 
room  shall  be  not  less  than  seven  feet  high  between  finished  floor 
and  plastered  ceiling,  and  to  be  three  feet  six  inches  above  the  fin¬ 
ished  ground  outside  and  all  as  per  Building  Code. 

(g)  [Addel  April  22,  1907.]  When  cement  building  blocks  are 
to  be  used  for  outside  walls  of  buildings  they  shall  be  constructed  of 
a  standard  Portland  cement,  one  part;  sharp  grit  sand,  one  and  one- 
half  parts;  crushed  stone  slag  or  gravel,  two  and  one-half  parts;  the 
crushed  stone  slag  or  gravel  to  pass  through  a  three-quarter  inch  screen. 
Blocks  shall  not  be  longer  than  thirty-six  inches  in  length,  and  no 
higher  than  ten  inches  in  height,  and  in  width  not  less  than  eight 
inches  nor  more  than  sixteen  inches ;  blocks  may  have  hollow  spaces, 
provided  that  not  more  than  one-third  of  each  block  is  hollow.  If 
the  blocks  have  recessed  ends,  all  the  butt  joints  shall  be  filled  solid 
with  cement  and  sand  mortar;  if  blocks  have  square  ends,  without 
recess,  they  shall  be  set  one-quarter  of  an  inch  apart  and  the  joints 
filled  with  cement  grout.  All  concrete  blocks  on  the  corners  and 
angles  to  be  cast  solid.  No  mitering  allowed.  Blocks  shall  be  at 
least  thirty  days  old  after  casting  before  being  used  in  any  building 


BUILDING  CODE. 


291 


wall  and  stand  a  tensile  test  of  one  hundred  and  twenty  pounds  to  the 
square  inch  and  twelve  hundred  pounds  compression  test. 

CHAPTER  IV. 

FIRE  ESCAPES. 

Placing  of  Fire  Escapes.  Notice  to  Place  Fire  Escapes. 

Section  1.  [As  am’d  April  22,  1907.]  Every  factory,  mill,  manu¬ 
factory  or  workshop,  hospital,  asylum,  or  institution  for  the  care  or 
treatment  of  sick  persons,  and  every  building  in  whole  or  in  part, 
occupied  or  used  as  a  school  or  a  place  of  instruction  or  assembly, 
two  or  more  stories  in  height,  and  every  tenement  house  over  two 
stories  in  height,  shall  be  provided  with  good  and  sufficient  fire  escapes, 
stairways  or  other  special  means  of  egress  in  case  of  fire.  The  owner 
or  owners  of  any  building  upon  which  a  fire  escape  is  or  shall  be 
erected  shall  keep  the  same  in  good  repair  at  all  times,  and  if  said 
fire  escape  shall  be  constructed  of  iron,  he  shall  keep  the  same  well 
and  sufficiently  painted. 

Sec.  2.  Whenever  the  Council  shall  have  determined  that  fire 
escapes  ought  to  be  placed  upon  any  building  or  other  special  means 
of  egress  in  case  of  fire  shall  be  provided  for  any  building,  they 
shall  cause  notice  in  writing  to  be  served  upon  the  owner,  lessee  or 
occupant  of  such  building,  directing  him  or  them  to  cause  suitable 
fire  escapes  or  other  special  means  of  egress  from  such  building  in 
case  of  fire  to  be  placed  upon  such  building  within  thirty  days  from 
the  service  of  such  notice,  which  notice  may  be  served  by  leaving  a 
copy  thereof  with  such  owner  or  lessee  or  occupant,  or  at  his  or  their 
residence,  or  if  the  owner  or  owners  shall  be  non-residents  of  the 
town  the  notice  may  be  served  upon  him,  her  or  them  by  mailing 
the  same  in  a  sealed  envelope  or  letter  in  the  United  States  mail  with 
the  postage  prepaid,  and  causing  the  letter  or  envelope  in  which  said 
notice  is  to  be  inclosed  to  be  registered  at  the  post-office  where  the 
same  shall  be  mailed,  and  the  receipt  for  said  sealed  envelope  or  letter 
when  returned  by  the  post-office  authorities  or  employees  shall  be 
prima  facie  evidence  of  the  delivery  thereof  to  said  owner  or  owners. 

Sec.  3.  No  person  shall  at  any  time  place  any  incumbrance  of  any 
kind  whatsoever  upon  any  fire  escape,  balcony  or  ladder  provided 
for  the  purpose  of  egress  in  case  of  fire  from  any  building. 


292 


BUILDING  CODE. 


Incumbrances  on  Fire  Escapes. 

Sec.  4.  It  shall  be  the  duty  of  every  fireman  and  policeman  who 
shall  discover  any  incumbrance  or  obstruction  of  any  kind  upon  any 
fire  escape,  balcony,  or  ladder,  as  aforesaid,  to  forthwith  report  the 
same  to  the  Chief  of  the  Fire  Department  or  the  Chief  of  Police,  and 
such  chief  shall  forthwith  cause  the  occupant  or  occupants  of  the 
premises  or  apartments  to  which  said  fire  escape,  balcony  or  ladder 
is  attached,  or  for  whose  use  the  same  is  provided,  to  be  notified  in 
writing  to  remove  the  incumbrances  or  obstruction  therefrom  and  to 
keep  the  said  fire  escape,  balcony  or  ladder  free  therefrom;  then  it 
shall  be  the  duty  of  the  said  chief  to  report  the  same  forthwith  to 
the  Inspector  of  Buildings. 

The  Inspector  of  Buildings  shall  require  that  there  shall  be  fastened 
upon  all  balconies  provided  as  a  means  of  escape  from  fire,  in  a  con¬ 
spicuous  place,  a  metal  plate  having  thereon  a  notice  to  the  following 
effect :  “Any  person  placing  any  goods,  chattels  or  other  incumbrance 
upon  this  balcony  is  liable  to  a  penalty  of  not  exceeding  $20  and  upon 
nonpayment  thereof  imprisonment  for  ten  days  or  until  such  penalty 
shall  be  paid.” 

Sec.  5.  All  buildings  requiring  fire  escapes  shall  have  stationary 
iron  ladders  leading  to  a  scuttle  opening  in  the  roof  and  all  scuttles 
and  ladders  shall  be  kept  free  so  as  to  be  ready  for  use  at  all  times.  If 
a  bulkhead  is  used  in  place  of  a  scuttle  it  shall  have  stairs  and  a 
sufficient  guard  or  hand  rail  leading  to  the  roof. 

Inspect  and  Examine.  Inspection. 

Sec.  6.  The  Inspector  of  Buildings  shall  from  time  to  time  and 
at  least  once  in  each  six  months  carefully  inspect  and  examine  all 
buildings  within  the  town  of  the  kind  and  character  hereinbefore 
mentioned  for  the  purpose  of  ascertaining  whether  the  provisions  of 
this  chapter  are  being  properly  and  faithfully  complied  with ;  he  shall 
keep  a  record  in  which  there  shall  be  entered  the  day  when  each  such 
building  shall  be  inspected  and  examined  and  a  memorandum  shall  be 
made  therein  by  him  showing  the  results  of  such  inspection  and  exam¬ 
ination;  such  book  shall  be  a  public  record  of  the  town  and  open  at 
all  times  to  the  inspection  of  the  members  of  the  Town  Council,  and 
it  shall  be  the  duty  of  the  Inspector  of  Buildings  to  make  complaint 


BUILDING  CODB. 


293 


of  each  and  every  violation  of  the  provisions  of  this  chapter  which 
shall  come  to  his  knowledge. 

Stairzvays  of  Escape. 

Sec.  7.  No  person  shall  hereafter,  either  as  owner,  lessee  or  agent, 
use  or  occupy  or  permit  the  use  and  occupation  of  any  store,  factory, 
workshop  or  other  structure  where  any  person  or  persons  shall  be 
employed  as  workman  or  workwoman  for  wages  in  any  trade  or 
occupation,  unless  every  such  store,  factory,  workshop  or  other  struc¬ 
ture  shall  be  provided  with  such  fireproof  doors  and  stairways  for 
the  escape  of  employees  in  the  event  of  fire  or  other  accident  as  are 
required  by  this  ordinance,  and  each  and  every  day  such  owner,  lessee 
or  agent  shall  after  the  first  conviction,  neglect  or  refuse  to  comply 
with  any  provisions  in  this  section,  shall  constitute  a  separate  violation 
of  this  ordinance. 

CHAPTER  V. 

STRENGTH  OF  FLOORS,  ROOFS  AND  COEUMNS. 

Section  1.  Every  floor  shall  be  of  sufficient  strength  to  bear  safely 
the  weight  to  be  imposed  thereon  in  addition  To  the  weight  of  the 
materials  of  which  the  floor  is  composed. 

Strength  of  Roofs. 

The  roofs  of  all  buildings  shall  be  proportioned  to  bear  safely  fifty 
pounds  upon  every  superficial  foot  of  their  surface  in  addition  to  the 
weight  of  materials  composing  the  same. 

Column  and  Posts. 

Every  column,  post  or  other  vertical  support  shall  be  of  sufficient 
strength  to  bear  safely  the  weight  of  the  portion  of  each  and  every 
floor  depending  upon  it  for  support  in  addition  to  the  weight  required, 
as  before  stated,  to  be  supported  safely  upon  said  portion  of  said 
floors. 


loist  Built  into  Walls. 

[As  ant’d  April  22,  1907.]  Joists  built  into  walls  of  masonry  shall 
be  bevelled  at  an  angle  of  forty-five  degrees  and  to  the  full  extent 


294 


BUILDING  CODE. 


of  their  bearing  capacity.  Every  header  four  feet  and  over,  and  all 
tail  beams  shall  be  hung  in  on  suitable  stirrup  iron  of  wrought  iron 
for  headers  and  stirrup  iron  or  shoe  for  tail  beams. 

Bearing  of  Timbers. 

All  timbers  shall  have  sufficient  bearing  on  the  supports  to  insure 
stability.  In  all  buildings  where  the  joists  are  carried  on  girders,  a 
cut-off  partition,  or  row  of  solid  bridging  not  less  than  one  and  a 
half  inches  thick  shall  be  set  in  and  solidly  nailed  over  the  girder, 
so  as  to  fill  spaces  between  joists  and  prevent  the  passage  of  fire 
and  smoke. 


Fines. 

\Added  April  22,  1907.]  Cement  flues  are  not  to  be  used  in  dwell¬ 
ings  unless  built  with  brick  enclosing  walls  and  to  have  tile  linings. 
The  use  of  glazed  tile  for  flues  is  prohibited. 

Cellars  for  Living  Purposes. 

No  cellar  nor  basement  in  any  building  heretofore  constructed  shall 
be  used  for  living  purposes  unless  the  rooms  shall  all  be  not  less  than 
eight  feet  six  inches  high  in  every  part  from  the  floor  to  the  ceiling, 
nor  unless  the  floor  of  the  entire  cellar  or  basement  shall  be  laid 
with  four  inches  of  concrete  or  asphalt,  and  the  ceilings  shall  be 
plastered  and  the  basement  or  cellar  otherwise  completed  in  other 
respects  in  accordance  with  the  Building  Code. 


CHAPTER  VI. 

ELEVATORS. 

Section  1.  Elevators  located  and  operated  in  the  well  holes  of 
stairways  shall,  together  with  the  stairs  and  the  landings  thereof,  be 
constructed  of  fireproof  material  and  shall  be  enclosed  with  walls 
of  incombustible  material  or  with  substantial  stud  partitions  covered 
with  metal  lathing  and  three  coats  of  plastering  on  each  side,  and 
said  walls  or  partitions  shall  be  carried  through  the  roof. 


BUILDING  CODE. 


295 


Openings  Protected. 

Sec.  2.  All  elevator  openings  through  floors  shall  be  protected 
by  proper  rails  or  gates  or  the  openings  in  floors,  through  which  the 
elevators  pass,  shall  be  closed  with  trap  doors  covered  on  the  under¬ 
side  with  metal ;  the  roof  over  every  elevator  within  a  shaft  as  above 
provided  shall  be  formed  with  a  skylight  of  sheet  glass  of  at  least 
one-half  the  area  of  the  shaft. 


Skylight  Over  Elevator  Shaft.  Freight  Elevators. 

(a)  The  Council  may  make  regulations  for  the  inspection  of  elec¬ 
tric,  steam  and  hydraulic  passenger  and  freight  elevators  with  a  view 
to  the  safety  of  passengers  or  operators.  The  regulations  so  made 
shall  require  all  repairs  found  necessary  upon  inspection  to  be  made 
without  delay;  and  in  case  defects  are  found  to  exist  which  would 
endanger  life  by  continued  use  of  such  elevator,  then  in  either  of 
said  cases  upon  notice  of  the  Inspector  of  Buildings,  the  use  of  such 
elevator  shall  be  discontinued  until  said  defects  have  been  corrected 
to  the  satisfaction  of  the  Inspector. 

(b)  Every  entrance  to  a  passenger  elevator  shall  be  provided  with 
a  sliding  door  with  automatic  or  self-latching  lock,  and  lock  to  be 
accessible  only  to  the  person  operating  said  elevator,  and  in  no  case 
shall  said  person  in  charge  of  and  running  or  operating  said  elevator 
allow,  permit  or  cause  the  cab  or  car  of  such  elevator  to  be  raised 
or  lowered  until  the  door  guarding  such  cab  or  car  entrance  has 
been  completely  closed  and  securely  latched. 

Elevator  Operator. 

(c)  No  passenger,  employee  or  person  other  than  the  operator  or 
person  duly  qualified  and  in  charge  of  the  operation  of  said  elevator 
car,  shall  be  permitted  to  handle,  operate  or  manipulate  any  rope, 
shifting-rod,  lever  or  other  thing  attached  to  or  used  to  start  or  stop 
any  elevator  car,  unless  called  upon  by  the  person  in  charge  of  and 
operating  said  elevator,  who  finds  it  impossible  to  control  and  manage 
said  elevator  car.  by  reason  of  the  machinery  in  operating  said  elevator, 
refusing  to  act. 


296 


BUILDING  CODE. 


Mechanical  Stop  to  All  Elevators. 

(cl)  All  elevator  cars,  whether  used  for  freight  or  passengers, 
shall  be  provided  with  some  suitable  mechanical  device  whereby  the 
car  will  be  securely  held  in  the  event  of  accident  to  the  ropes  or  hoist¬ 
ing  apparatus  or  from  any  similar  cause. 

(e)  All  the  foregoing  provisions  of  this  section  shall  be  subject  to 
the  approval  of  the  Inspector. 

CHAPTER  VII. 

SKYLIGHTS  AND  SCUTTLES. 

Section  1.  Buildings  of  the  Warehouse  Class  over  one  story  high, 
and  all  flat-roof  buildings,  shall  have  in  the  roof  scuttle  frames  and 
covers,  or  bulkheads  and  doors,  not  less  than  two  feet  by  three  feet 
six  inches,  made  of,  or  covered  with,  fire-proof  material,  and  such 
scuttle  and  bulkheads  shall  have  iron  ladders,  or  iron  stairs  securely 
bolted  to  the  floor  and  frames;  such  scuttles,  bulkheads  and  stairs  shall 
be  ready  for  use  at  all  times. 

Doors  in  Scuttles. 

The  doors  in  such  scuttles  or  bulkheads  shall  not  be  locked,  but 
must  be  fastened  by  movable  bolts  or  hooks.  Skylights  on  roofs  shall 
be  protected  with  a  sufficient  guard  railing. 

CHAPTER  VIII. 

FRAME  BUILDINGS. 

Section  1.  [As  ant’d  April  22,  1907.]  All  frame  buildings  shall 
be  well  sheathed  and  built  with  sills,  posts,  interties,  plates  and  rafters, 
all  of  suitable  and  sufficient  size,  and  to  be  properly  braced  and  framed, 
and  with  suitable  studs  set  at  proper  distances  apart.  The  rafters 
shall  not  be  less  than  two  inches  in  thickness  and  six  inches  in  depth ; 
the  floor  beams  shall  not  be  less  than  two  inches  in  thickness  and 
ten  inches  in  depth,  or  of  equal  supporting  capacity,  except  third  story 
or  attic  beams,  which  shall  not  be  less  than  two  inches  in  thickness 
and  eight  inches  in  depth ;  partition  studs  not  less  than  two  inches  by 
four  inches.  AH  floor  beams  shall  be  well  bridged.  All  the  flooring 


BUILDING  CODE. 


297 


of  all  buildings  to  run  to  and  against  the  outside  sheathing.  All  over¬ 
hangers  and  rafters  to  be  closed  up  so  as  to  prevent  the  passage  of 
fire  and  smoke. 

Wooden  Buildings  in  Block  of  Tzvo  or  More. 

Sec.  2.  In  the  erection  of  wooden  buildings  in  blocks  of  two  or 
more  the  said  buildings  shall  have  dividing  or  party  walls  of  brick 
or  concrete  not  less  than  eight  inches  thick. 

Wooden  Buildings  Over  Three  Stories. 

Sec.  3.  No  frame  building  shall  be  erected  within  the  limits  of 
the  said  Town  of  Montclair,  exceeding  three  stories  in  height,  exclu¬ 
sive  of  attic,  the  ordinance  relating  to  chimneys,  fire  places  and  hearths 
prescribed  in  fire  limits,  shall  apply  to  all  buildings  erected  within 
the  town  limits. 

Sec.  4.  Stairways  shall  not  be  inclosed  with  partitions  made  of 
plank,  boards,  flooring  or  studding,  unless  plastered  on  both  sides  on 
metallic  lath  (except  in  private  residences)  ;  studding  partitions  shall 
not  be  employed  as  supporters  of  any  floors  or  roof  (except  in  private 
residences). 


Warehouse  Class. 

Sec.  5.  Openings  in  walls  of  buildings  two  'stories  high  and  over 
in  the  warehouse  class  and  located  opposite  any  other  buildings  having 
openings  and  not  more  than  thirty  feet  distant  shall  be  provided  with 
doors,  blinds  or  shutters  made  of  or  covered  with  fireproof  material. 
The  doors  or  shutters  shall  be  hung  on  cast-iron  eyes  or  frames. 
Prismatic  lights  in  iron  frames  shall  be  equivalent  to  fireproof  shutters. 
Every  opening  in  party  walls  shall  be  closed  by  two  such  fireproof 
doors,  as  above  described,  hung  to  cast-iron  eyes  or  frames  on  oppo¬ 
site  sides  of  the  jambs  of  the  opening. 

Fall  Pipes. 

Sec.  6.  Buildings  shall  be  provided  with  proper  metallic  “fall  pipes,” 
which  shall  be  connected  with  a  storm  water  drain  or  catch  basin 
connected  with  such  drain  when  such  building  abuts  upon  a  street 
or  alley  in  which  a  public  storm  water  drain  is  located,  otherwise  the 


298 


BUILDING  CODE. 


water  shall  be  carried  to  the  street  gutter  in  a  manner  provided  by 
the  Building  Committee. 

Sec.  7.  [ Added  April  22,  1907.]  Temporary  stairs  or  timber  run¬ 
ways  must  be  put  up  inside  of  all  buildings  as  fast  as  the  building 
progresses,  and  temporary  guards  must  be  constructed  around  all  well 
holes  for  safety  to  workmen. 

No  building  shall  be  hereafter  erected  within  the  Town  of  Mont¬ 
clair  to  be  occupied  by  automobiles,  horses  or  cattle,  at  a  distance  of 
less  than  forty  feet  from  any  dwelling  house,  church  or  public  build¬ 
ing,  if  within  the  fire  limits,  nor,  if  outside  the  fire  limits,  at  a  dis¬ 
tance  of  less  than  thirty  feet  from  any  dwelling  house,  church  or 
public  building;  provided  that  every  building  heretofore  erected  and 
now  lawfully  occupied  as  a  stable  or  automobile  house  may  continue 
to  be  so  occupied. 

Stables  for  horses  or  automobiles  only  may  be  erected  not  less 
than  twenty  feet  from  any  dwelling  house,  church  or  public  building; 
provided  that  such  buildings  are  built  of  brick  or  cement  and  under 
the  requirements  of  the  Stnitary  Code  of  the  Board  of  Health. 

CHAPTER  IX. 

special  provisions  in  fire  limits. 

Removal  of  Wooden  Buildings. 

Section  1.  The  removal  of  any  wooden  building  or  structure  from 
without  to  within  the  fire  limits  is  absolutely  prohibited,  and  if  accom¬ 
plished  before  discovery,  the  Town  Council  may,  at  its  discretion, 
order  its  return  or  demolition  twenty-four  hours  after  notice,  at  the 
expense  of  owner  or  owners  of  said  building. 

Weather  Covering  of  Roofs  Within  Fire  Limits. 

Sec.  2.  Weather  coverings  of  roofs  within  the  fire  limits  shall  be 
made  of  incombustible  material.  Appendages,  such  as  sky  lights, 
dormer-windows,  cornices,  gutters,  moldings,  eaves,  parapets,  bal¬ 
conies,  bay  windows,  towers,  spires,  ventilators,  erections  over  el¬ 
evators,  turret,  lantern  light  or  other  erections  on  roofs  of  all  build¬ 
ings,  except  dwellings,  if  not  wholly  fire-proof,  shall  be  enveloped  with 
incombustible  material. 


BUILDING  CODE. 


299 


Sec.  3.  All  external  parts  of  elevators,  greenhouses,  so  far  as  re¬ 
gards  the  necessary  woodwork  of  doors,  frames  and  sashes,  and  all 
privies  not  more  than  eight  feet  square  and  ten  feet  high  shall  be  cov¬ 
ered  with  incombustible  materials,  and  materials  used  and  the  mode 
of  construction  shall  be  approved  by  the  Inspector 

CHAPTER  X. 

THEATRES  AND  OPERA  HOUSES. 

Stage. 

Section  1.  An  open  space  shall  be  reserved  in  the  audience  room 
for  the  use  of  the  audience  in  leaving  the  building  and  for  service 
in  the  event  of  fire,  such  space  to  be  on  at  least  two  sides  of  the 
auditorium. 


Storage  Room. 

No  portion  of  any  building  hereafter  erected,  altered,  changed  or 
used,  or  to  be  used  as  a  theatre  or  opera  house  shall  be  occupied  or 
used  for  offices,  hotel,  boarding  or  lodging  house,  factory  or  for 
storage  purposes,  unless  the  same  is  completely  isolated  by  brick  walls, 
which  shall  pass  through  and  above  the  roof  at  least  two  feet ;  and  no 
workshop  or  storage-room  for  theatrical  purposes  shall  be  allowed 
above  the  auditorium.  If  the  carpenter  shop  and  property-rooms  for 
the  storage  of  furniture  and  other  accessories  be  provided  for  on  the 
premises  they  shall  be  separated  from  the  other  portions  of  the  the¬ 
atre  by  means  of  fire-proof  partitions  and  ceilings.  The  painted 
scenery  and  other  decorations,  when  not  in  use,  shall  be  stored  in 
a  continguous  store-room,  which  shall  be  inclosed  with  fireproof  par¬ 
titions,  ceilings  and  floors  and  no  place  in  the  building  shall  be  used 
for  the  storage  or  sale  of  any  article  classified  by  insurance  corm 
panies  as  hazardous  or  extra  hazardous  material. 

Ventilating  Shafts.  Skylight  Fixed  to  Open. 

Sec.  2.  All  ventilating  shafts  from  the  ceiling  line  shall  be  of 
fireproof  material  and  shall  pass  at  least  four  feet  above  the  roof. 
The  roof  over  the  stage  shall  have  skylight  or  lanterns  equal  in  area 
to  at  least  one-tenth  of  said  roof,  and  the  whole  shall  be  so  arranged 


300 


BUILDING  CODE. 


as  to  open  instantly  on  the  cutting  or  burning  of  a  hempen  cord,  which 
shall  be  so  arranged  to  hold  said  skylight  closed. 

Seats. 

Sec.  3.  All  seats  in  the  auditorium,  except  those  contained  in  the 
boxes,  shall  be  firmly  secured  to  the  floors,  and  no  seat  in  the  audi¬ 
torium  shall  have  more  than  eight  feet  intervening  between  it  and  the 
aisle,  and  no  obstruction  shall  be  placed  in  any  aisle  or  passageway. 

Aisle  and  Passageway. 

Sec.  4.  All  aisles  and  passageways  in  the  auditorium  shall  be  in 
proportion  to  the  seating  capacity. 

All  doorways,  passages,  corridors  and  stairways  shall  be  in  a  proper 
proportion  to  the  capacity  of  the  house  and'  the  several  parts  of  the 
same  to  which  they  lead  and  with  which  they  communicate. 

Every  auditorium  accommodating  three  hundred  persons  shall  have 
not  less  than  two  exits. 

Exits. 

Sec.  5.  When  accommodating  five  hundred  persons  not  less  than 
three  exits  shall  be  provided,  and  no  doorway  of  exit  or  entrance  for 
the  use  of  the  public  shall  be  less  than  six  feet  in  width,  and  for  every 
one  hundred  persons  additional  or  portions  thereof,  to  be  accommo¬ 
dated  in  excess  of  five  hundred  persons,  twenty  inches  additional  exit 
capacity  shall  be  allowed. 

Exits,  Entrances  to  Galleries. 

Sec.  6.  All  doors  of  exit  or  entrance  shall  open  outwardly,  and 
no  such  door  of  exit  or  entrance  shall  be  locked  during  any  representa¬ 
tion  or  when  the  building  is  open  to  the  public.  Distinct  and  separate 
places  of  exit  and  entrance  shall  be  provided  for  each  gallery  above 
the  first  floor. 

A  common  place  of  exit  may  serve  for  the  main  floor  of  the  audi¬ 
torium  and  the  first  gallery,  the  latter  to  be  provided  with  two  inde¬ 
pendent  staircases. 


BUILDING  CODE. 


301 


Stairs  and  Platforms. 

Sec.  7.  Not  less  than  two  independent  staircases  with  direct  ex¬ 
terior  outlets  shall  be  provided  for  galleries  above  the  first  gallery 
and  shall  be  located  on  the  opposite  sides  of  the  same;  the  latter 
staircases  shall  be  inclosed  up  to  the  floor  to  which  they  lead ;  when 
straight  stairs  return  directly  above  themselves  a  landing  of  the  full 
width  of  both  flights  and  of  the  depth  of  not  less  than  one  and  one- 
half  the  length  of  the  steps  shall  be  provided ;  stairs  turning  at  an 
angle  must  have  a  proper  landing  without  risers  at  the  turn.  In 
stairs  where  there  are  two  side  flights  they  must  equal  the  main  flight 
and  the  width  of  the  main  flight  must  be  equal  to  the  aggregate  width 
of  the  side  flights. 

Ceilings  of  Corridors,  Etc. 

Sec.  8.  The  ceilings  of  the  auditorium  and  of  the  corridors,  pass¬ 
ages,  lobbies  and  staircases  shall  be  lathed  with  iron  or  wire  laths  or 
fireproof  tiling  and  finished  with  three  good  coats  of  mortar  or  other 
incombustible  material. 


Inclosed  Staircases. 

Sec.  9.  All  inclosed  staircases  shall  have  on  both  sides  a  strong 
hand  rail  firmly  secured  to  walls.  No  passage,  leading  to  any  stairs 
or  exit,  shall  be  less  than  the  width  of  the  stairs  with  which  they 
communicate. 

The  walls  separating  the  stage  from  the  auditorium,  also  the  sev¬ 
eral  division  walls  separating  the  auditorium  from  the  vestibule  or 
other  apartments  devoted  to  the  use  of  the  public  shall  be  constructed 
of  brick  or  other  fireproof  materials. 

Wall  Be  five  en  Stage  and  the  Auditorium. 

Sec.  10.  The  walls  between  the  stage  and  the  auditorium  shall  be 
carried  through  and  above  the  roof  at  least  twenty-four  inches,  and 
doorways  in  said  walls  shall  not  exceed  twenty-one  superficial  feet 
each  and  shall  have  doors  covered  on  the  stage  side  with  sheet  metal ; 
said  doors  shall  be  self-closing. 

Dressing  Room. 

Sec.  11.  Partitions  inclosing  and  separating  dressing  rooms,  and 
the  ceilings  of  same  shall  be  covered  with  three  coats  of  plaster  or 


302 


BUILDING  CODE. 


metal  lathing  or  shall  be  constructed  with  corrugated  sheet  iron  or 
other  fireproof  material. 


Curtain  Opening. 

Sec.  12.  The  proscenium  or  curtain  opening  of  every  theatre  shall 
have  a  curtain  of  asbestos ;  such  curtain  shall  be  lowered  at  the  begin¬ 
ning  and  ending  of  each  and  every  performance. 

All  scenery  shall  be  constructed  of  slow  burning  material.  Gas 
mains  supplying  any  of  the  above-named  places  shall  have  connection 
independent  of  the  stage  and  auditorium  and  proper  provisions  shall 
be  made  for  cutting  or  shutting  off  the  gas  from  the  outside  con¬ 
tiguous  to  the  premises. 

All  stage  lights  shall  have  strong  metal  wire  guards  or  screens  of 
sufficient  fineness  that  materials  coming  in  contact  therewith  shall  not 
be  in  danger  of  the  flames. 

i  Exit  Over  Doors. 

Sec.  13.  Every  exit  shall  have  over  the  same  on  the  inside  the 
word  “Exit”  painted  in  large  letters  not  less  than  eight  inches  in 
length. 

Electric  Wiring. 

Sec.  14.  Every  electric  wire  for  furnishing  light,  heat  or  power 
led  into  any  building  from  the  outside  thereof,  shall  have  proper  and 
sufficient  appliances  to  cut  off  the  current  where  it  enters  the  building. 

All  inside  wires  shall  be  properly  insulated  and  all  work  throughout 
be  in  accordance  with  the  rules  and  requirements  of  the  National 
Underwriters’  Association,  a  copy  of  which  said  rules  and  require¬ 
ments  shall  be  kept  on  file  in  the  office  of  said  Inspector. 

Gas  Outlets. 

Sec.  15.  No  gas  burner,  unless  protected  by  a  bell,  shall  be  placed 
less  than  three  (3)  feet  below  any  ceiling  or  woodwork,  and  all  side 
lights  and  swinging  brackets  shall  be  so  placed  as  not  to  endanger  any 
woodwork,  curtains  or  other  combustible  material. 


BUILDING  CODE. 


303 


Cutting  Beams  for  Pipes. 

Sec.  16.  All  cutting  of  beams  for  gas,  water  or  pipes  shall  be  not 
more  than  three  (3)  feet  from  bearing  of  beams  and  shall  be  not 
more  than  two  (2)  inches  in  depth  in  any  case. 

CHAPTER  XI. 

BUILDINGS  OF  PUBLIC  ASSEMBLY. 

Halls  and  Churches. 

Any  building,  hall  or  room  hereafter  erected  and  used  for  church 
purposes,  seating  three  hundred  persons  or  over,  shall  have  not  less 
than  two  means  of  exit  and  entrance  with  direct  outdoor  connection 
with  same.  All  exit  doors  shall  open  outward.  Stairways,  lobbies  and 
doors  shall  be  in  proper  proportion  to  the  capacity  of  the  church. 

Sec.  1.  In  all  buildings  of  a  public  character,  such  as  hotels, 
churches,  theatres,  schools,  public  and  private,  restaurants,  railroad 
depots,  public  halls  and  other  buildings  used  or  intended  to  be  used 
for  purposes  of  public  assembly,  amusement  or  instruction,  the  halls, 
doors,  stairways  seats,  passageways  and  aisles  and  all  lighting  and 
heating  appliances  and  apparatus,  shall  be  arranged  to  facilitate  egress 
in  case  of  fire  or  accident  and  to  afford  the  requisite  and  proper 
accommodation  for  the  public  protection  in  such  case. 

Passagezvays  to  Be  Kept  Free  from  Obstruction. 

Sec.  2.  All  aisles  and  passageways  in  said  building?  shall  be  kept 
free  from  obstructions. 


Coal  Hole  Covers. 

Sec.  3.  Openings  in  roofs  of  vaults  for  the  admission  of  coal  or 
light  shall  be  covered  with  lights  of  glass  in  iron  frames  or  concrete 
or  with  iron  covers  having  a  rough  surface  and  rabbeted  flush  with 
the  sidewalk ;  these  lights  shall  not  be  more  than  four  inches  square. 

When  areas  are  covered,  iron  or  iron  and  glass  combined,  stone  or 
concrete  shall  be  used  to  carry  the  loads  which  may  be  placed  thereon. 

Sec.  4.  No  public  building,  theatre,  opera  house,  or  other  building 
for  public  entertainments  of  any  kind  shall  be  opened  to  the  public 


304 


BUILDING  CODE. 


for  any  entertainment  until  the  Building  Committee  and  Inspector  of 
Buildings  shall  have  approved  the  said  building  in  writing,  as  con¬ 
forming  to  the  requirements  of  this  ordinance. 

Fire  Hose.  .  | 

Sec.  5.  A  proper  number  of  fire  plugs  and  sufficient  quantity  of 
hose  (not  less  than  one  hundred  feet  in  length),  with  couplings  and 
with  nozzles  attached  thereto  and  with  hose  spanners  at  each  outlet 
shall  always  be  attached  to  each  hose  attachment,  all  as  the  Fire  Com¬ 
mittee  through  the  Building  Inspector  may  direct.  This  applies  to 
all  public  buildings,  including  schools,  churches,  hospitals,  theatres 
and  other  places’ of  assembly. 

CHAPTER  XII 

MISCELLANEOUS  REGULATIONS. 

Sec.  1.  No  walls  or  piers  or  parts  of  walls  or  piers  shall  be  built 
when  the  temperature  is  below  25  degrees  F.,  and  no  frozen  walls 
or  piers  shall  be  built  upon. 

Sec.  2.  [As  am’ d  April  22.  1907.]  No  frame  or  wooden  building 
or  dwelling  house  hereafter  erected,  shall  be  built  without  a  foundation 
of  brick,  stone  or  concrete  under  every  part  of  the  building. 

Sec.  3.  No  wooden  fence  shall  be  erected  over  eight  feet  in  height 

Sec.  4.  No  sign  or  billboards,  within  ten  feet  of  the  street  line, 
shall  be  at  any  point  over  eight  feet  above  the  surface  of  the  ground 
and  the  same  shall  be  properly  supported  and  braced. 

Sign  on  Buildings. 

Sec.  5.  No  staging,  sign,  or  billboards  built  of  combustible  ma¬ 
terial,  more  than  three  feet  in  height,  shall  be  placed  upon  any  build¬ 
ing  unless  with  the  consent  of  the  Town  Council. 

Dzvellings  More  Than  Three  Stories. 

Sec.  6.  All  buildings  within  the  town  limits  to  be  used  as  dwellings 
or  for  lodging  purposes  more  than  three  stories  in  height,  exclusive 
of  attic,  shall  be  built  of  brick  or  other  non-combustible  material,  as 
described  in  this  ordinance  for  brick  or  other  non-combustible  material. 


BUILDING  CODE. 


305 


Sec.  7.  All  stud  partitions  in  dwellings  hereafter  constructed  shall 
be  lathed  and  plastered  from  the  floors  to  the  ceilings  and  all  ceilings 
shall  be  lathed  and  plastered,  including  cellars. 

Sec.  8.  No  lathing  shall  be  started  in  any  building  until  the  build¬ 
ing  so  far  as  it  has  progressed,  shall  be  passed  by  the  Inspector. 

Sec.  9.  When  wood  or  metal  ceiling  or  wainscoting  are  used  in 
any  building,  the  surface  of  the  walls  or  the  partitions  behind  such 
ceilings  or  wainscoting,  shall  be  covered,  flush  with  the  grounds  and 
down  to  the  floor  lines,  with  plaster  or  plaster  boards,  before  any 
such  ceiling  or  wainscoting  is  put  on. 

Manufactories. 

SEC.  10.  All  shavings,  sawdust,  chips  or  other  combustible  refuse 
shall  be  removed  daily  from  every  building  two  or  more  stories  in 
height  of  the  said  town  used  or  occupied,  in  whole  or  in  part,  for 
any  of  the  trades  or  occupations,  to  wit:  Planing  mill,  sash  and  blind 
factories,  wagon  or  carriage  manufactories,  cabinet  and  furniture 
manufactories,  wood-turning  and  veneering  works,  agricultural  im¬ 
plement  manufactories,  box  or  shingle  factories  or  any  other  wood 
working  factory. 


No  Dzvelling  Without  a  Foundation. 

Sec.  11.  No  frame  or  wooden  dwelling  house  hereafter  erected 
shall  be  built  without  a  foundation  of  brick,  stone  or  concrete. 

Use  of  Fences. 

Sec.  12.  No  fence  shall  be  used  as  any  side  of  a  shed. 

Sec.  13.  Every  building  hereafter  erected,  that  is  to  be  used  for 
a  dwelling  where  there  is  no  cellar  or  basement  shall  have  an  air 
space  underneath ;  and  such  air  space  shall  not  be  less  than  two 
feet  eight  inches  in  height  and  shall  extend  over  the  entire  area  cov¬ 
ered  by  the  building.  The  surface  of  the  ground  under  any  such 
air  space  shall  be  waterproof  and  said  air  space  shall  be  enclosed  in 
brick,  stone  or  concrete  walls  provided  with  grills  set  in  same  for 
ventilation.  The  apertures  shall  be  one  inch  square  and  shall  not  be 
less  than  nine  in  number.  There  shall  also  be  provided  an  entrance 
to  such  air  space,  not  less  than  two  feet  square,  and  said  entrance 
shall  be  securely  closed  with  a  proper  door,  which  door  shall  be  kept 


306 


BUILDING  CODE. 


locked  at  all  times.  The  floor  above  any  such  air  space  shall  be  laid 
with  a  double  flooring  of  matched  boards  with  a  layer  of  heavy  three- 
ply  building  paper  or  felt  between  the  floors,  the  upper  floor  to  be 
laid  at  an  angle  of  forty-five  degrees  with  the  lower  floor. 

Sec.  14.  No  rags,  paper,  shavings  or  other  inflammable  materials 
shall  be  allowed  to  remain  under  any  building,  and  no  animal,  or 
poultry  of  any  kind  shall  be  kept  or  allowed  to  remain  under  any 
dwelling. 

Sec.  15.  In  all  walls  where  wooden  furring  is  used  all  the  courses 
of  brick,  from  the  under  side  of  the  floor  beams  to  the  top  of  the 
same,  shall  project  a  distance  of  at  least  two  inches  beyond  the  inside 
face  of  the  wall  so  as  to  provide  an  effective  fire  stop;  and  whenever 
floor  beams  run  parallel  to  a  wall  and  wooden  furring  is  used,  such 
beams  shall  always  be  kept  at  least  two  and  one-half  inches  away  from 
the  inside  line  of  the  wall,  and  the  space  between  the  beams  and 
the  wall  shall  be  built  up  solidly  with  brick  work  from  the  under 
side  of  the  floor  beams  to  the  top  of  the  same  so  as  to  provide  an 
effective  fire  stop. 

Sec.  16.  In  all  dwellings  fore  and  aft  stud  partitions  which  rest 
directly  over  each  other  shall  run  through  the  wooden  floor  beams 
and  rest  on  the  plate  of  the  partition  below  and  shall  have  the  space 
between  the  studding  filled  in  solid  to  the  full  depth  of  the  floor 
beams  and  to  a  point  eight  inches  above  said  beams  with  approved 
incombustible  materials. 

Repairs  to  Shingle  Roofs. 

Sec.  17.  Within  the  fire  limits  existing  shingle  roofs  may  only 
be  repaired  on  old  lines  and  heights ;  but  if  altered  in  any  way  a  metal, 
clay,  tile  or  slate  roofing  is  to  be  substituted. 

Ash  Holes,  Etc. 

Sec.  18.  All  ash  holes,  ash  houses,  or  ash  depositories  of  any 
kind,  shall  be  built  wholly  of  brick,  stone,  iron  or  fireproof  material. 

Sec.  19.  [ Added  April  22,  1907.]  In  no  case  shall  a  wooden 
building  be  erected  within  two  feet  eight  inches  of  any  inside  line  of 
a  lot  unless  the  space  between  the  studs  of  any  and  every  such  side 
be  filled  in  solid  with  not  less  than  four  inches  of  brick  or  other  hard 
fireproof  material. 


mm  DING  CODE. 


307 


ARTICLE  IV. 

PENALTIES. 

The  owner  or  owners  of  any  building,  or  part  thereof,  upon  which 
any  building  in  violation  of  this  ordinance  may  be  placed  or  shall 
exist ;  any  architect,  builder,  carpenter  or  mason  who  may  be  em¬ 
ployed  or  assist  in  the  commission  of  any  such  violation,  and  any 
and  all  persons  who  shall  violate  any  of  the  provisions  of  this  ordi¬ 
nance  or  fail  to  comply  therewith,  or  any  requirement  thereof,  or 
who  shall  violate  or  fail  to  comply  with  any  order  or  regulation  made 
thereunder,  or  who  shall  build  in  violation  of  any  detailed  statement 
of  specification  or  plans,  submitted  and  approved  thereunder,  or  of 
any  certificate  or  permit  issued  thereunder,  shall  severally,  for  each 
and  every  such  violation  and  non-compliance,  respectively  forfeit  and 
pay  a  penalty  in  the  sum  of  twenty  dollars,  and  in  case  of  non-pay¬ 
ment  thereof  suffer  imprisonment  in  the  county  jail  for  a  term  of 
thirty  days,  and  the  permit  shall  stand  revoked  until  such  time  as 
the  ordinance  is  complied  with. 


RULES. 


Rules  Governing  Proceedings  of  the  Town  Council  of  the  Town  of  Montclair, 

in  the  County  of  Essex. 

I. 

The  regular  meetings  of  this  Council  shall  be  held  during  the 
second  and  fourth  weeks  of  each  and  every  calendar  month,  and 
on  such  day  of  the  week  as  the  Council  may,  by  resolution,  adopted 
at  its  meeting,  held  for  the  purpose  of  organization,  designate. 

Other  regular  meetings  may  be  held  pursuant  to  an  adjournment 
duly  had. 

Special  meetings  may  be  held  at  any  time  on  the  call  of  the  Chair¬ 
man  or  on  the  written  request  of  any  two  members  of  the  Council 

The  hour  of  meeting,  except  when  otherwise  specially  designated, 
shall  be  eight  o’clock  P.  M. 


II. 

At  all  regular  meetings  of  the  Council,  the  following  order  of 
business  shall  be  observed  : 

1.  Roll  Call. 

2.  Reading  the  Minutes. 

3.  Hearing  of  Citizens  desiring  to  Address  the  Council. 

4.  Consideration  of  Pending  Business. 

5.  Reports  of  Standing  Committees. 

C).  Reports  of  Special  Committees. 

7.  Reports  of  Town  Officers. 

8.  Petitions  and  Communications. 

9.  Introduction  of  New  Business. 

First  Ward. 

Second  Ward. 

Third  Ward. 

Fourth  Ward. 

10.  Miscellaneous  Business. 

11.  Bills,  Claims  and  Appropriations. 

12.  Adjournment. 


308 


RULES. 


309 


III. 

At  special  meetings  of  the  Council  no  business  shall  be  transacted, 
except  such  as  permitted  by  statute,  and  such  as  shall  have  been 
designated  in  the  call  for  such  special  meeting. 

IV. 

The  rules  laid  down  in  Cushing’s  smaller  Manual  shall  govern  the 
proceedings  of  this  Council  in  all  cases  not  otherwise  provided  for 
in  the  special  rules  of  the  Council,  but  no  motion  for  the  previous 
question  shall  be  allowed  or  entertained,  and  every  motion  shall  be 
debatable,  except  a  simple  motion  to  adjourn. 

V. 

All  new  business  shall,  in  the  absence  of  a  motion  to  the  contrary, 
be  referred  to  the  appropriate  Standing  Committee.  Reports  of 
Standing  Committees  shall  be  made  by  the  Chairmen  thereof,  to  the 
Town  Council,  at  the  first  meeting  after  reference,  unless  further 
time  be  granted,  and  such  reports  shall  be  made  in  writing  at  the 
request  of  any  member  of  the  Council. 

XL 

Whenever  any  one  not  a  member  of  the  Council  desires  to  be 
heard  on  any  matter  of  business,  leave  may  be  granted  by  the 
Chairman  for  that  purpose  unless  objection  is  offered  by  a  member 
of  the  Council;  leave  shall  then  be  granted  only  upon  a  two-thirds 
vote  of  the  members  of  the  Council  present. 

VII. 

Every  resolution  shall  be  reduced  to  writing  before  it  is  offered 
in  Council,  and  when  so  offered  shall  be  read  by  the  Clerk. 

VIII. 

All  bills  and  claims  for  the  payment  of  money  shall  be  presented 
monthly,  at  the  first  regular  meeting  of  the  Council,  held  in  each 
month.  Bills  relating  to  work  in  charge  of  any  Committee  shall 
not  be  presented  without  first  having  been  approved  by  such  Com- 


310 


RULES. 


mittee,  and  such  approval  endorsed  on  the  bill  by  the  Chairman  of 
said  Committee.  It  shall  be  the  duty  of  the  Clerk  and  Comptroller 
to  examine  all  bills  before  the  same  are  presented  to  the  Council, 
and  if  the  same  have  not  been  approved  by  the  appropriate  Com¬ 
mittee,  to  obtain  the  proper  endorsement  before  submitting  them  to 
the  Council.  Bills  submitted  may  be  approved  by  a  vote  of  the 
Council  or  referred  to  the  Finance  and  Audit  Committee,  or  a 
special  committee  for  examination  and  audit,  as  the  Council  may 
direct. 

Orders  on  the  Treasurer  for  claims  and  bills  so  presented  and 
audited  may  be  drawn  at  and  after  the  first  regular  meeting  of  the 
Council  in  each  month,  at  which  meeting  the  Finance  and  Auditing 
Committee,  or  special  committee,  as  the  case  may  be,  and  the  Comp¬ 
troller  shall  report  on  all  bills  and  claims  so  referred  to  them. 

IX. 

The  question  upon  every  resolution  and  upon  the  passage  of  any 
bill  or  order  for  the  payment  of  money,  and,  when  any  member 
shall  request  it,  upon  any  motion,  shall  be  taken  as  follows : 

The  Chairman  shall  say:  “Those  who  favor  this  resolution  (or 
motion)  will,  when  their  names  are  called,  say  ‘Aye,’  those  opposed 
to  it  ‘No’,”  and  the  Clerk  shall  then  call  the  roll,  and  shall  record 
the  vote  of  each  member,  provided  however,  that  except  upon  a 
resolution,  or  motion,  involving  the  payment  of  money,  if  the  Coun¬ 
cil,  by  a  majority  vote,  shall  direct  that  the  vote  be  taken  by  ballot, 
it  shall  be  so  taken. 


X. 

Whenever  any  money  is  ordered  paid  by  the  Town  Council,  it 
shall  designate  the  fund  out  of  which  payment  shall  be  made,  and 
an  order  for  the  amount  shall  be  drawn  on  the  Treasurer,  which 
shall  be  signed  by  the  Chairman  and  countersigned  by  the  Town 
Clerk.  A  full  and  complete  record  shall  be  kept  by  the  Clerk  in  the 
Minutes  of  this  Council  of  all  orders  for  the  payment  of  money. 

XI. 

It  shall  be  the  duty  of  the  Clerk,  in  addition  to  his  other  duties, 
to  keep  full  and  exact  minutes  of  all  items  of  business  brought 


RULES. 


311 


before  the  Council ;  to  record  with  each  motion  or  resolution  the 
name  of  the  mover,  and  when  the  ayes  and  noes  are  taken,  to  record 
the  names  of  the  members  voting  for  or  against  the  measure.  He 
shall  prepare  a  written  memorandum  of  “business  pending’’  and  of 
“new  business  referred,"  mentioned  in  Rule  V.,  and  submit  the  same 
to  the  Council  at  the  beginning  of  each  regular  meeting,  and  he 
shall  notify  the  Chairman  of  each  Committee,  in  writing,  of  all 
business  that  has  been  referred  to  said  Committee.  Whenever  any 
ordinance  shall  have  been  introduced  and  read  for  the  first  time,  he 
shall  cause  copies  thereof  to  be  printed  and  sent  to  each  member  of 
the  Council  as  soon  as  practicable,  and  prior  to  the  day  named  for 
the  next  regular  meeting  of  the  Council,  unless  the  Council  shall  by 
vote  direct  that  the  printing  and  distribution  thereof  be  dispensed 
with  in  any  special  instance. 

XII. 

Standing  Committees  shall  meet  to  consider  all  business  referred 
to  them,  and  to  hear  any  persons  interested  in  the  action  to  be  taken 
by  the  Council  thereon,  upon  the  call  of  the  respective  Chairmen 
thereof,  and  at  such  times  and  places  as  they  shall  determine.  The 
Town  Clerk  shall,  at  the  request  of  the  Chairmen  of  said  Committees, 
notify  the  members  thereof  of  the  time  and  place  of  meeting,  and 
of  the  subject  to  be  considered. 


XIII. 

At  the  request  of  the  Chairman  or  by  a  vote  of  a  majority  of  the 
Council  present,  the  Council  shall  consider  such  questions  as  it  may 
deem  advisable,  in  executive  session.  Final  action  by  vote  or  other¬ 
wise,  on  all  questions  shall  only  be  taken  by  the  Council  in  public 
session. 

XIV. 

These  rules,  or  any  portion  thereof,  may  be  suspended,  or  amended 
at  any  meeting  of  the  Council,  by  unanimous  consent. 

Adopted  May  1st,  1901. 

Harry  Trippett, 

Town  Clerk. 


312 


RULES. 


Rules  and  Regulations  for  the  Government  of  the  Montclair  Fire  Depart¬ 
ment,  Approved  February  23,  1904. 

ARTICLE  I. 

ORGANIZATION. 

Section  1.  All  persons  who  are  now  or  hereafter  shall  become 
members  of  any  Hook  and  Ladder  or  Hose  Company,  Combination 
or  Chemical  Engine  Company,  now  organized  or  that  may  be  organ¬ 
ized,  or  accepted  by  the  Council  of  the  Town  of  Montclair,  Essex 
Couney,  New  Jersey,  in  conformity  with  the  powers  of  the  Council, 
shall  be  and  are  hereby  organized  as  the  “Montclair  Fire  Department.” 

Sec.  2.  The  Fire  Companies  composing  said  organization  shall 
consist  of  not  more  than  fifteen  (15)  persons  except  Hook  and 
Ladder  (and  combination)  Companies  which  may  have  twenty-five 
(25).  Any  Company  reduced  below  a  membership  of  ten  (10) 
may  be  required  to  fill  up  its  membership  to  that  number  within 
sixty  (60)  days  on  written  notice  from  the  Fire  Committee  served 
upon  the  acting  Foreman  of  the  Company.  Fifty  per  cent,  of  the 
membership  of  each  Company  must  be  engaged  in  business  in  the 
town. 


ARTICLE  II. 

GOVERNMENT. 

Section  1.  A  Committee  to  be  known  as  the  “Fire  Committee” 
appointed  by  the  Council,  and  of  the  Chief  Engineer  (the  Senior  As¬ 
sistant  in  his  absence)  shall  have  charge  of  the  government  of  the 
Department,  subject,  however,  at  all  times  to  the  approval  of  the 
Town  Council.  Said  Committee  shall  have  power  to  appoint  a  Clerk. 

Sec.  2.  All  expenditures  from  the  appropriations  for  the  Fire 
Department  shall  only  be  made  upon  recommendation  of  this  Com¬ 
mittee. 

Sec.  3.  The  use  of  any  apparatus  for  the  suppression  of  fires,  be¬ 
longing  to  the  town,  shall  be  only  during  the  pleasure  of  the  Fire 
Committee  for  the  time  being  in  office,  and  said  Committee  may  at 
any  time  demand  and  take  into  their  own  hands  and  possession  every 
such  apparatus,  and  the  use  of  such  apparatus  by  any  Company  shall 


RULES. 


313 


be  at  all  times  hereafter  subject  to  such  other  rules  and  regulations 
as  said  Committee  may  from  time  to  time  adopt. 

Sec.  4.  It  shall  be  the  duty  of  the  Clerk  of  this  Committee  to 
keep  a  complete  list  of  all  active  and  exempt  firemen,  as  returned 
by  the  Secretaries  of  the  several  Companies,  as  hereinafter  provided. 
He  shall  have  charge  of  fire  alarm  box  keys,  badges  and  other  prop¬ 
erty  and  keep  account  of  same,  also  records  of  Fire  Committee. 

Sec.  5.  The  Chief  shall  have  power  to  call  such  meetings  or  drills 
of  the  Department,  other  than  the  annual  meeting,  as  he  shall  deem 
advisable  and  it  shall  be  his  duty  to  appoint  the  second  Tuesday  in 
September  for  a  general  review  and  parade,  or  inspection,  or  other 
September  for  a  general  review  and  parade,  or  inspection  at  houses, 
and  he  may  affix  such  penalties  for  neglect  to  attend  such  review  or 
inspection,  or  other  omissions  and  violations  of  duty  as  firemen ;  also 
issue  such  standing  orders  for  the  discipline  of  the  Companies,  as 
he  may  deem  proper,  subject  to  the  approval  of  the  Fire  Committee. 

Sec.  6.  The  Fire  Committee  shall  hold  stated  meetings  for  the 
transaction  of  such  business  as  may  be  brought  before  them. 

Sec.  7.  Any  person  returned  as  expelled  by  any  Fire  Company, 
and  feeling  aggrieved  by  any  such  expulsion,  may  appeal  therefrom 
by  filing  with  the  Chief  Engineer  and  with  the  Secretary  of  such 
Fire  Company  a  notice  of  such  appeal  with  the  grounds  thereof.  The 
Chief  Engineer  shall,  upon  receiving  such  notice,  make  no  report  to 
the  Committee,  until  the  notice  of  appeal  shall  have  been  acted  upon 
by  the  Fire  Company,  and  if  the  Fire  Company  does  not  sustain  the 
appeal  then  it  shall  be  the  duty  of  the  Secretary  of  any  Fire  Com¬ 
pany  to  send  such  notice  of  appeal  and  all  papers  duly  certified  to  the 
Chairman  of  the  Fire  Committee.  After  all  the  papers  have  been 
received  by  the  Fire  Committee  it  shall  be  their  duty  to  carefully 
review  them  and  to  take  such  action  as  they  deem  just. 

Sec.  8.  No  Fire  Company  shall,  upon  hearing  of  any  appeal,  be 
permitted  to  introduce  evidence  contradicting  the  record  of  proceed¬ 
ings  of  such  Company. 


ARTICLE  III. 

Section  1.  The  Town  Council  shall  appoint  on  the  first  regular 
meeting  in  May  upon  the  recommendation  of  the  Fire  Committee  a 
Chief  Engineer  who  shall  serve  two  years. 


314 


RULES. 


The  Chief  Engineer  so  appointed  shall  have  power  to  appoint  two 
Assistants,  and  to  name  one  of  the  Assistants  to  act  as  Senior  Assist¬ 
ant  Engineer  in  his  absence,  with  the  approval  of  the  Eire  Committee. 

No  person  shall  be  eligible  as  Chief  or  as  an  Assistant  Engineer 
unless  he  shall  have  served  as  an  active  foreman  in  this  Department 
at  least  three  years. 

Sec.  2.  No  person  shall  become  an  active  Fireman  unless  he  is 
twenty-one  years  of  age  and  under  forty-five,  of  good  moral  char¬ 
acter,  sound  in  body  and  in  mind,  and  a  resident  of  Montclair,  and 
a  citizen  of  the  United  States. 

Sec.  3.  Company  elections  shall  be  held  as  provided  for  in  their 
Company  Constitution  and  By-Laws,  and  the  Secretary  of  the  Com¬ 
pany  shall  report  to  the  Fire  Committee  at  the  next  meeting  there¬ 
after,  the  names  of  the  officers  so  chosen. 

Sec.  4.  Members  of  the  Town  Council  shall  not  become  active 
members  of  any  Hose  or  Truck  Company  within  the  corporate  limits 
of  said  Department. 

Sec.  5.  No  person  expelled  from  any  Fire  Company  shall  be 
eligible  to  re-election  as  a  member  of  the  Fire  Department. 

Sec.  6.  Any  active  member  in  good  standing,  if  he  wishes  to  be 
transferred  to  another  Company  may,  upon  the  written  consent  of 
both  Companies,  properly  attested  by  their  officers  and  approved  by 
the  Chief  Engineer,  be  so  transferred  by  action  of  the  Fire  Com¬ 
mittee. 

Sec.  7.  Officers  of  the  Department,  as  elected  or  appointed  under 
this  article,  shall  be  exempt  from  Company  duties,  meetings  and  fines. 

ARTICLE  IV. 

DUTIES  AND  OFFICERS. 

Section  1.  The  Chief  Engineer  and  Assistant  Engineers,  in  all 
cases  of  fire,  shall  have  sole  control  over  all  the  members  of  the  Fire 
Department  and  over  all  the  apparatus  belonging  thereto;  and  any 
person  belonging  to  said  Department  who  shall  refuse  to  obey  any 
lawful  order  of  the  Chief  Engineer  shall  be  expelled. 

The  Chief  Engineer,  on  the  approval  of  the  Fire  Committee  shall 
have  power  to  detail  the  several  Companies  to  answer  a  first,  a  second, 
and  a  third  alarm,  and  to  designate  Special  Alarm  Calls. 


RULES. 


315 


Sec.  2.  In  the  absence  of  the  Chief  Engineer,  the  Senior  Engi¬ 
neer  shall  act  as  Chief  Engineer,  and  shall  have  all  the  power  and 
authority  of  the  Chief  Engineer.  In  the  absence  of  an  engineer,  the 
Foreman  of  the  Company  arriving  first  at  the  fire  will  take  command 
of  the  Department. 

A  report  of  each  fire  shall  be  made  to  the  Fire  Committee,  at  their 
first  meeting  thereafter,  stating  box,  time,  location,  class  of  property, 
owner  or  occupant,  cause,  companies  on  duty  and  officers  in  command, 
time  of  dismissal,  loss  and  amount  of  insurance,  and  they  shall  be 
signed  by  the  officer  in  command. 

Sec.  3.  The  Chief  Engineer  shall  wear  a  leather  cap,  painted  white 
with  a  gilded  front,  and  the  word  Chief  painted  thereon  in  black. 
The  Assistants  shall  wear  a  similar  cap  with  the  word  Engineer  simi¬ 
larly  painted. 

Sec.  4.  The  Clerk  shall  submit  the  monthly  reports  of  the  several 
Companies  to  the  Fire  Committee  at  its  first  regular  meeting  after 
their  receipt  bv  him,  when  the  Committee  shall  proceed  to  examine 
the  same,  and  if  it  shall  appear  by  the  report  of  the  Clerk  that  vacan¬ 
cies  exist  in  the  rolls  of  the  Companies,  the  Fire  Committee  shall 
notify  the  Company  in  which  the  vacancies  exist  to  fill  such  vacancy 
by  nominating  and  electing  persons  and  members,  and  the  persons  so 
nominated  and  elected  shall  be  men  of  reputable  character,  and  capable 
of  doing  active  fire  duty,  the  Committee  may  approve  the  elections. 
When  it  shall  appear  that  no  vacancy  exists  in  the  roll  of  any  Com¬ 
pany  nominating  persons  as  members  the  Committee  may,  at  its  op¬ 
tion,  pass  upon  the  approval  or  rejection  of  the  person  so  nominated, 
and,  if  approved,  shall  report  their  names  for  confirmation  whenever 
any  vacancies  shall  occur. 

The  monthly  reports  of  resignations  and  expulsions  shall  be  ap¬ 
proved  as  made,  except  as  provided  in  Section  7  of  Article  11. 

Sec.  5.  The  different  Eire  Companies  shall  be  under  the  control 
of  their  respective  Foreman  and  Assistants,  and  upon  every  alarm  of 
fire  which  they  answer  shall  forthwith  repair  to  the  place  thereof, 
with  the  apparatus  under  their  care,  and  there  manage  the  same  under 
the  direction  of  the  Chief  Engineer. 

If  the  alarm  is  one  not  answered  by  the  Company,  they  shall  re¬ 
main  at  their  quarters  till  taps  are  struck  or  they  are  dismissed  by 
orders  from  the  Chief.  If  any  other  alarm  is  given  they  shall  respond 


316 


RULES. 


immediately.  A  roll-call  shall  follow  every  alarm,  but  no  fines  shall 
be  imposed  unless  the  Company  was  on  duty. 

Sec.  6.  The  Foreman  and  Assistant  Foreman,  or  other  persons 
acting  as  such  officers,  who  shall,  upon  a  hearing  before  this  Com¬ 
mittee,  be  convicted  of  a  violation  of  any  of  the  Rules  and  Regula¬ 
tions  shall  be  liable  in  addition  to  the  penalty  prescribed  in  said  sec¬ 
tion,  to  expulsion  from  the  Fire  Department. 

Any  Foreman  or  Assistant  Foreman,  or  any  person  temporarily  in 
command  of  any  Fire  Company,  who  shall  knowingly  permit  or 
consent  to  any  violations  of  Sections  4,  5  and  6  of  Article  VI  shall 
be  liable  to  be  expelled  from  the  Fire  Department. 

Sec.  7.  The  Secretary  of  every  Fire  Company  shall  immediately 
after  each  monthly  meeting  of  said  Company,  deliver  to  the  Clerk  of 
the  Committee  a  correct  list  of  any  and  all  persons  nominated  by 
such  Company  for  membership  in  the  Fire  Department,  setting  forth 
the  age,  occupation,  residence  and  place  of  business  of  the  persons 
nominated,  together  with  a  correct  list  of  all  persons  elected  or  who 
may  have  resigned  from  such  company  since  the  date  of  last  report, 
with  the  cause  of  such  action.  The  Secretary  shall  certify  to  the 
correctness  of  such  monthly  report,  and  that  the  persons  so  nomi¬ 
nated  or  elected  are  men  of  reputable  character  and  capable  of  doing 
active  fire  duty,  and  join  the  Fire  Department  as  active  firemen. 
These  reports  shall  only  be  made  on  the  blank  forms  to  be  obtained 
of  the  Clerk. 

Sec.  8.  The  Foreman  and  Secretary  of  every  Fire  Company  shall, 
immediately  after  the  meeting  of  April  in  each  year,  deliver  to  the 
Chief  Engineer  a  correct  inventory  of  all  the  apparatus,  furniture 
and  fixtures  in  the  possession  of  such  Company,  belonging  to  the 
Montclair  Fire  Department.  A  failure  or  refusal  on  the  part  of  the 
officers  of  any  Company  to  make  an  inventory,  or  any  wilful  incor¬ 
rectness  or  misstatement  in  any  such  inventory  shall  be  reported  to 
the  Fire  Committee. 

Sec.  9.  The  Secretary  of  every  Fire  Company,  immediately  after 
the  meetings  held  in  April,  July,  October  and  January,  send  a  copy 
of  the  roll-call  of  his  Company,  of  the  fires  and  drills  of  the  previous 
quarter,  giving  the  attendance  of  each  member,  and  this  report  shall 
be  attested  by  the  Foreman  or  officer  in  command.  Also  a  report 
of  the  attendance  at  the  Department  parade,  within  five  (5)  days 
thereafter,  likewise  attested. 


RULES. 


317 


ARTICLE  V. 

BADGES. 

Each  and  every  member  of  the  Fire  Department  must  wear  the 
badge  adopted  by  the  Fire  Committee,  and  said  badge  shall  designate 
the  number  of  member  wearing  it.  The  badges  to  be  the  property 
of  the  Montclair  Fire  Department  and  to  be  distributed  to  individual 
members  of  the  Department  upon  requisition  of  the  Foreman  of  the 
respective  Companies  through  the  Chief  Engineer.  No  member  shall 
loan  his  badge  to  any  other  member,  or  to  any  one  not  a  member  of 
the  Fire  Department,  and  any  member  losing  his  badge  must  notify 
the  Foreman  of  his  Company  of  such  loss  and  procure  another  one 
from  the  Fire  Committee,  which  shall  be  given  him  upon  payment 
of  seventy-five  (75)  cents.  Any  member  leaving  the  Department 
must  return  badge  to  the  Fire  Committee  through  the  Foreman  of 
his  Company. 


ARTICLE  VI. 

OEFENCES  AND  PENALTIES. 

Section  1.  Any  member  of  any  Fire  Company  who  shall  be 
guilty  of  creating  or  assisting  to  create,  or  of  spreading  a  false  alarm 
of  fire,  shall  be  expelled  from  the  Fire  Department. 

Sec.  2.  No  person  shall  take  command  of  any  Company  at  any 
time  when  on  duty,  except  he  be  a  member  of  such  Company. 

Sec.  3.  No  person  shall  be  allowed  to  ride  on  any  fire  apparatus 
when  going  to  a  fire  or  at  any  other  time  when  on  duty,  except  a 
member  of  the  Company,  or  a  person  known  to  the  officer  or  member 
in  command  at  the  time,  to  be  a  fireman,  or  an  exempt  fireman. 

Sec.  4.  Any  member  of  any  Fire  Company,  who  shall,  while  on 
duty,  be  guilty  of  any  disorderly  or  riotous  conduct,  or  who  shall 
commit  any  disorderly  act,  or  create  or  try  to  create  any  fight  or 
other  disturbance  of  the  peace  while  on  duty  or  in  any  Hose  or 
Truck  House,  shall  be  expelled  from  the  Fire  Department. 

Sec.  5.  If  any  fireman  shall  neglect  to  attend  at  fires  without  a 
sufficient  excuse,  or  shall  refuse  or  neglect  to  do  his  duty  in  working 
at  fires,  or  shall  disobey  the  orders  of  the  Chief  Engineer  or  Assist¬ 
ant  Engineer,  or  Foreman  or  Assistant  Foreman  of  his  Company,  or 


318 


RULES. 


shall  leave  his  appaiatus  while  at  a  fire,  he  shall  be  subject  to  ex¬ 
pulsion.  Reports  received  under  Article  IV,  Section  10,  may  be 
used  to  attest  charges  under  this  section. 

Sec.  6.  No  Fire  Company  shall  at  any  time  take  the  apparatus  in 
their  charge  beyond  the  corporate  limits,  for  any  purpose  whatever, 
without  the  express  permission  of  the  Chief  Engineer,  provided 
that  in  case  of  a  fire  occurring  beyond  the  limits  of  the  Town,  such 
permission  may  be  verbal,  but  no  Company  shall  take  their  apparatus 
to  any  such  fire  without  such  permission  from  the  Chief  or  Acting 
Chief  Engineer 

Sec.  7.  The  members  of  the  Fire  Department  shall  perform  at 
least  sixty  per  cent,  of  fire  duty,  exclusive  of  meetings  and  parades, 
and  it  shall  be  the  duty  of  the  Secretary  of  each  Fire  Company  to 
report,  within  five  days  after  their  regular  meeting  in  May  to  the 
Fire  Committee  the  amount  of  fire  duty,  as  stated  above,  by  each 
member  of  his  Company  and  any  member  not  having  performed 
sixty  per  cent,  duty  shall  be  returned  suspended  to  the  Fire  Com¬ 
mittee,  and  all  members  doing  less  than  sixty  per  cent.,  shall  have 
the  right  to  appeal  and  show  cause. 

Sec.  8.  If  a  leave  of  absence  is  wanted  the  parties  so  desiring 
must  make  application  to  his  Company  officers,  who  will  forward  his 
recpiest  to  the  Fire  Committee  for  action. 

Sec.  9.  It  shall  be  the  duty  of  the  Fire  Police  to  form  a  line  at 
least  one  hundred  and  fifty  feet  from  the  fire,  and  they  shall  not 
admit  within  said  limit  any  person  other  than  owner  or  occupant, 
a  member  of  the  Fire  Department  or  an  exempt,  or  a  reporter,  or 
a  representative  of  an  insurance  company,  or  an  officer  of  the  town. 

Two  members  of  each  Company,  in  business  in  the  Town,  may  be 
appointed  under  the  provisions  of  an  act  entitled  “A  further  sup¬ 
plement  to  an  act  entitled  ‘An  act  for  the  incorporation  of  Fire  Com¬ 
panies,’  approved  April  21,  1876”  (Chap.  LXVII),  approved  March 
25,  1884,  to  act  as  Fire  Police,  under  the  orders  of  the  Chief  En¬ 
gineer. 

Sec.  10.  Every  Hose  Company  shall  keep  at  least  750  feet  of 
hose  coupled  together  on  their  apparatus  ready  for  use,  and  at  a 
fire  shall  lay  the  amount  necessary. 

Every  Hose  Company  making  a  connection  to  a  hydrant  shall  see 
that  a  hydrant  gate  is  attached  to  the  second  opening  of  the  hydrant 
before  the  water  is  turned  on. 


RULES. 


319 


The  Chief  or  Assistants,  or  either  of  them,  may  order  a  second 
Company  to  couple  their  hose  to  the  end  of  any  hose  already  laid, 
and  order  either  Company  to  take  charge  of  the  stream. 

Every  truck  or  combination  apparatus  shall  carry  at  least  one  dozen 
extra  charges  for  the  chemical  extinguishers. 

Sec.  11.  When  “The  Association  of  Exempt  Firemen  of  the 
Town  of  Montclair”  are  called  out  by  special  alarm  for  fire  duty, 
they  may  render  such  service  with  their  old  Companies,  or  give 
general  assistance,  as  may  be  required. 


ARTICLE  VII. 

COMPANIES. 

Each  Company  shall  adopt  a  Constitution  and  By-Laws  for  its 
own  government,  and  not  inconsistent  with  these  rules  and  regula¬ 
tions  and  shall  submit  the  same  (and  any  alterations  or  amendments) 
to  the  Fire  Committee  for  their  approval,  before  they  shall  be  en¬ 
forced. 


ARTICLE  VIII. 

Any  alteration  or  amendments  to  these  rules  may  be  changed  by 
the  Fire  Committee;  two  weeks  previous  notice  having  been  given 
in  writing,  subject  to  the  approval  of  the  Town  Council. 

Rule  1. 

It  shall  be  the  duty  of  the  Drivers  of  all  fire  apparatus  to  be  in 
constant  preparation  for  a  call  to  active  duty.  They  shall  have 
charge  of  the  horses,  harness,  stables,  & c.,  and  have  them  well  cleaned 
each  morning.  They  shall  take  charge  of  the  horses  of  the  Company 
during  the  service  of  their  apparatus  at  a  fire.  In  cold  and  stormy 
weather  on  arriving  at  a  fire  they  shall  immediately  blanket  their 
horses,  and  if  the  apparatus  is  placed  in  service  they  shall  take  proper 
care  of  their  horses.  When  the  horses  return  to  the  house  wet  by 
perspiration  or  otherwise,  they  shall  have  them  well  cleaned,  rubbed 
down  and  thoroughly  examined  and  ready  for  immediate  use.  It 
shall  be  the  duty  of  the  Drivers  to  exercise  their  horses  two  hours 


320 


RULES. 


daily  (weather  permitting,  Sunday  excepted),  and  unless  they  receive 
a  previous  order  from  the  Chief  in  charge,  not  to  take  them  more 
than  one-fourth  mile  from  their  respective  houses.  Should  a  fire 
occur  during  the  day,  previous  to  the  hours  for  exercise,  the  exercise 
for  that  day  will  be  omitted.  The  Drivers  shall  not  leave  their  horses 
during  such  exercise.  The  Drivers  of  any  fire  apparatus  shall  in 
no  case  run  over  any  hose  unless  ordered  to  do  so  by  the  Chief. 
They  are  also  forbidden,  while  responding  to  alarms  to  turn  corners 
or  to  turn  in  and  out  of  railroad  tracks  faster  than  a  moderate  trot. 
They  shall  practice  their  horses  at  the  9  o’clock  stroke  of  the  alarm 
gong  each  night  in  going  to  their  places  in  front  of  their  apparatus 
and  they  must  drop  the  harness  on  the  horses  and  snap  the  collars. 
All  horses  must  be  cleaned  by  8  A.  M.,  and  at  9.30  P.  M.  all  horses 
must  be  bedded  down  for  the  night  except  in  cases  of  fire  or  alarms 
of  fire.  All  Drivers  shall  be  responsible  for  the  neat  and  clean 
appearance  of  the  apparatus  in  their  charge.  They  shall  keep  their 
harness  properly  cleaned  and  oiled  at  all  times,  and  they  shall  report 
immediately  to  the  Chief  any  defects  which  they  may  discover. 

Rule  2. 

The  Regular  men  will  be  held  responsible  for  the  condition  of  the 
several  fire  houses  to  which  they  are  assigned  and  shall  keep  the 
rooms  cleaned  and  dusted  at  all  times.  They  shall  scrub  the  main 
floor  as  often  as  necessary  (at  least  once  in  each  week)  or  whenever 
directed  so  to  do  by  the  Chief. 

No  members  of  the  Department,  except  the  Regular  men,  shall 
sleep  in  any  Hose  or  Hook  and  Ladder  House  without  consent  of 
the  Chief  Engineer,  and  in  no  case  will  permission  be  given  to 
members  or  to  persons  not  connected  with  the  Department  to  frequent 
the  same  at  unreasonable  hours. 

Loud  and  boisterous  talking,  or  the  use  of  profane  or  obscene 
language  in  or  about  the  Department  houses  will  not  be  tolerated ; 
intoxicating  liquors  must  not  be  kept  in  or  allowed  to  be  drank  in, 
nor  shall  any  intoxicated  person  be  allowed  to  remain  in  any  of  the 
department  houses,  nor  will  any  loafing  or  lounging  about  in  any 
of  them  be  allowed.  All  houses  shall  be  closed  at  or  before  IIP.  M. 
except  in  case  of  fire.  The  regular  men  shall  not  absent  themselves 
from  the  premises  of  their  several  houses,  except  in  the  performance 


RULES. 


321 


of  the  duties  above  prescribed,  without  permission  of  the  Chief,  who 
shall  arrange  for  absence  for  meals,  days  off,  vacations  and  special 
permits,  as  he  shall  deem  best  for  the  interests  of  the  department. 

Rule  3. 

All  paid  members  of  the  department  shall  be  required  to  keep  their 
uniforms  in  a  neat  and  clean  condition.  Drivers  when  on  duty  shall 
appear  in  regulation  uniform,  except  when  performing  their  regular 
work  in  the  houses  and  stables  or  unless  special  permission  is  obtained 
from  the  Chief  to  do  otherwise. 

Rule  4. 

Any  member  of  the  department  intoxicated  on  duty  or  who  shall 
at  any  time  enter  a  saloon  when  in  uniform,  shall  be  suspended  by 
the  Chief,  who  shall  report  his  suspension  to  the  Fire  Committee. 

Any  member  of  the  department  who  shall  be  charged  and  convicted 
of  any  crime  or  misdemeanor,  or  who  shall  be  guilty  of  any  act  which 
will  bring  discredit  upon  the  department,  whether  on  or  off  duty,  shall 
be  reported  by  the  Chief  to  the  Fire  Committee  for  trial,  and  shall  be 
subject  to  discharge  if  the  Committee  decide  that  it  shall  be  to  the 
interest  of  the  department. 

Rule  5. 

In  all  cases  where  a  fire  hydrant  is  found  to  be  in  any  way  out  of 
order,  the  location  of  the  same  shall  be  reported  as  soon  as  possible 
to  the  Chief  who  shall  report  to  a  member  of  the  Fire  Committee  and 
have  it  repaired  as  soon  as  possible. 

Approved  by  the 

Fire  Committee,  Jan.  13,  1904. 

Approved  by  the 

Town  Council,  Feb.  23,  1904. 


322 


RULES. 


By-Laws  of  the  Board  of  Education  of  the  Town  of  Montclair,  New  Jersey, 

Adopted  1901. 

1.  The  officers  of  the  Board  of  Education  shall  be  a  President, 
Vice-President  and  Secretary,  who  shall  hold  their  positions  for  one 
year,  unless  removed  by  a  majority  vote  of  the  Board. 

2.  The  election  for  President,  Vice-President  and  Secretary  shall 
be  by  ballot,  and  shall  take  place  annually  at  the  first  regular  meeting 
in  January.  A  majority  of  votes  shall  be  necessary  to  a  choice. 

3.  The  regular  meetings  of  the  Board  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  of  each  month,  at  8  P.  M.,  except 
when  said  first  Tuesday  is  a  legal  holiday,  in  which  case  such  meeting 
shall  be  held  on  the  succeeding  Tuesday.  Special  meetings  may  be 
called  by  the  Secretary  at  his  discretion,  or  on  the  written  request 
of  three  members. 

4.  Five  members  shall  constitute  a  quorum  necessary  to  the  trans¬ 
action  of  business,  except  for  such  business  as  by  law  requires  a 
majority  vote  of  the  Board. 

5.  Section  1.  At  the  first  meeting  in  January,  or  as  soon  there¬ 
after  as  possible,  the  President  shall  appoint  and  place  on  file  with 
the  Secretary  the  Standing  Committees  for  the  ensuing  year. 

Sec.  2.  The  Standing  Committees  shall  be  as  follows : 

Finance,  to  consist  of  3  members. 

Teachers,  to  consist  of  5  members. 

Buildings  and  Grounds,  to  consist  of  5  members. 

Heating  and  Ventilation,  to  consist  of  3  members. 

Supplies,  to  consist  of  3  members. 

Law,  to  consist  of  3  members. 

Manual  Training,  to  consist  of  3  members. 

Books,  to  consist  of  3  members. 

6.  The  buildings  occupied  by  the  public  schools  in  this  town  shall 
be  used  for  no  other  purposes  than  such  as  are  immediately  connected 
with  public  school  instruction,  unless  by  special  permission  granted 
by  the  Chairman  of  the  Committee  on  Buildings  and  Grounds  and 
the  Superintendent  of  Schools. 

7.  All  regular  supplies  shall  be  purchased  by  the  Business  Man¬ 
ager,  employed  by  the  Board  on  recommendation  of  the  Committee 
on  Supplies  after  being  approved  by  the  Board.  Special  articles  need¬ 
ed,  not  in  stock,  shall  be  provided  only  on  written  requisition  of  the 


RULES. 


323 


teacher  requiring  them,  approved  by  the  Superintendent  and  coun¬ 
tersigned  by  the  Secretary. 

8.  The  Teachers  of  the  various  classes  in  all  the  schools  shall 
make  to  the  Superintendent  monthly  reports  of  the  enrollment,  at¬ 
tendance,  etc.,  upon  printed  blanks  to  be  furnished  them  by  the  Sec¬ 
retary,  and  the  Superintendent  shall  consolidate  and  report  the  same 
to  the  regular  monthly  meetings  of  the  Board. 

9.  When  a  Teacher  is  absent  beyond  one  week  the  compensation 
shall  be  one-fourth  of  regular  salary  until  the  close  of  the  current 
month. 

10.  The  Town  Superintendent  of  Schools  shall,  at  each  regular 
meeting  of  the  Board  of  Education,  make  a  written  report  of  the  edu¬ 
cational  condition  of  each  and  all  of  the  schools  in  the  town  with  the 
results  of  his  personal  inspection  of  the  same. 

Order  of  Business. 


11.  Calling  of  Roll. 

Reading  of  Minutes. 

Report  of  Business  Manager. 
Communications. 

Teachers’  Reports. 

Reports  of  Standing  Committees : 

Finance,  including  Approval  of  Bills. 
Teachers, 

Buildings  and  Grounds, 

Heating  and  Ventilating, 

Supplies, 

Books, 

Manual  Training, 

Raw. 

Special  Committees. 

Unfinished  Business. 

Miscellaneous  Business. 

Superintendent’s  Report. 

Adjournment. 


324 


RULES. 


Rules  and  Regulations  Governing  the  Engagement  and  Employment  of 
Teachers  and  Principals,  the  Terms  and  Tenure  of  Such  Employment, 
and  the  Promotion  and  Dismissal  of  Such  Teachers  and  Principals,  the 
Salaries,  and  the  Time  and  Mode  of  Payment  Thereof,  Adopted  1899. 

1.  In  case  the  dismissal  of  any  teacher  before  the  expiration  of 
any  contract  entered  into  between  such  teacher  and  the  Board  of 
Education  of  Montclair  shall  upon  appeal  to  the  State  Superintendent 
of  Public  Instruction,  be  decided  to  have  been  without  good  cause, 
such  teacher  shall  b£  entitled  to  compensation  for  the  full  term  for 
which  said  contract  shall  have  been  made;  but  it  shall  be  optional 
with  the  Board  of  Education  whether  such  teacher  shall  or  shall  not 
teach  for  the  expiration  of  the  term. 

2.  If  a  teacher  employed  by  the  Board  of  Education  of  Montclair 
shall  leave  the  school  before  the  expiration  of  the  term  of  his  or  her 
employment  without  the  consent  of  the  Board  of  Education,  said 
teacher  shall  be  deemed  guilty  of  unprofessional  conduct,  and  the 
State  Superintendent  of  Public  Instruction  is  authorized  upon  re¬ 
ceiving  notice  of  such  fact,  to  suspend  the  certificate  of  such  teacher 
for  the  period  not  to  exceed  one  year. 

3.  Every  teacher  in  the  public  schools  of  Montclair  shall  keep  a 
school  register  in  the  manner  provided  therefor,  and  no  order  or 
warrant  for  salary  shall  be  delivered  to  such  teacher  until  the  Sec¬ 
retary,  or  other  officer  authorized  to  deliver  such  order  or  warrant, 
shall  ascertain  that  said  register  has  been  properly  kept  for  the  time 
for  which  salary  is  demanded,  and  shall  enter  upon  said  register  a 
certificate  to  that  effect. 

4.  The  order  or  warrant  for  the  balance  of  salary  due  any  teacher 
at  the  time  of  closing  the  school  for  the  summer  vacation,  or  of 
leaving  the  school  before  the  end  of  the  school  year,  shall  not  be 
delivered  to  such  teacher  until  the  Secretary  or  other  officer  author¬ 
ized  to  deliver  such  order  or  warrant  shall  have  received  written 
notice  from  the  County,  City,  Town,  Borough  or  Township  Super¬ 
intendent,  that  such  teacher  has  filed  with  him  his  or  her  annual 
report  on  the  blank  furnished  for  that  purpose  by  the  said  Superin¬ 
tendent  of  Public  Instruction;  provided  that  in  any  school  in  which 
more  than  one  teacher  shall  be  employed  the  Principal  thereof  shall 
furnish  such  report. 


RULES. 


325 


5.  The  salary  shall  be  specified  in  every  contract  with  a  teacher 
in  our  Montclair  schools  and  shall  be  paid  in  equal  monthly  install¬ 
ments,  not  later  than  five  days  after  the  close  of  each  month  while 
the  school  shall  be  in  session. 

6.  No  teacher  shall  be  entitled  to  salary  unless  such  teacher  shall 
be  the  holder  of  an  appropriate  teacher’s  certificate. 

7.  No  teacher  shall  be  required  to  teach  school  on  any  day  de¬ 
clared  by  law  to  be  a  public  holiday,  and  no  deduction  from  the 

teacher’s  salary  shall  be  made  by  reason  of  the  fact  that  a  school  day 
happens  to  be  a  day  declared  by  law  to  be  a  public  holiday. 

8.  A  teacher  shall  hold  every  pupil  accountable  in  school  for  dis¬ 
orderly  conduct  on  the  way  to  or  from  school,  or  on  the  playgrounds 
of  the  school,  or  during  recess,  and  shall  suspend  from  school  any 
pupil  for  good  cause ;  provided,  that  such  suspension  shall  be  reported 
forthwith  by  the  teacher  to  the  Board  of  Education;  provided,  fur¬ 
ther,  that  in  any  school  in  which  more  than  one  teacher  shall  be 
employed  the  Principal  alone  shall  have  the  right  to  suspend  a  pupil. 

9.  No  religious  services  or  exercises  except  the  reading  of  the 

Bible  and  the  repeating  of  the  Lord’s  Prayer,  shall  be  held  in  any 

school  receiving  a  portion  of  the  moneys  appropriated  for  the  sup¬ 
port  of  public  schools. 

10.  No  principal,  teacher  or  other  person  employed  or  engaged 
in  any  capacity  in  the  public  schools  of  Montclair  shall  inflict  or  cause 
to  be  inflicted  corporal  punishment  upon  any  pupil  attending  said 
school. 

11.  No  teacher  shall  be  required  to  serve  on  any  jury  in  this 
State  while  his  school  shall  be  in  session. 

12.  Any  contract  or  engagement  between  a  Board  of  Education 
and  a  teacher  shall  cease  and  determine  and  be  of  no  effect  against 
said  Board  whenever  said  Board  shall  ascertain  by  notice  in  writing 
received  from  the  County,  City,  Town,  Borough  or  Township  Su¬ 
perintendent  or  otherwise,  that  said  teacher  is  not  in  possession  of 
a  proper  teacher’s  certificate  in  full  force  and  effect,  notwithstanding 
the  term  or  engagement  for  which  such  contract  shall  have  been 
made  may  not  then  have  expired. 

13.  Unless  otherwise  specified  in  the  contract,  the  term  of  employ¬ 
ment  of  teachers  and  principals  shall  be  one  school  year,  beginning 
on  the  first  day  of  July. 


INDEX 


(References  are  to  pages.) 

A 

PAGE 


ACTIONS. 

costs  by  whom  paid .  32 

how  conducted  .  31 

notice  of,  to  be  given . . .  32 

persons  dissatisfied  with  awards  may  bring .  31 

when  to  be  brought .  32 

where  brought  .  31 

ADJUSTMENT,  COMMISSIONERS  OF, 

See  COMMISSIONERS  OF  ADJUSTMENT. 
ADVERTISEMENTS,  See  HANDBILLS;  NOTICES. 

medicinal  preparations,  control  .  23 

Statutes. 

Act  concerning  distribution,  etc.,  L.  1904,  Ch.  88 .  66 

ADVERTISING. 

Clerk  to  advertise  for  proposals  to  grade,  etc.,  street .  33 

ALE,  See  EXCISE. 

ALLEYS. 


ordinances  may  provide  for  ascertaining  and  establishing  boundaries  of,  etc.  18 


ANIMALS. 

driving  in  droves,  ordinances  may  be  passed  to  regulate  and  prevent .  19 

fees  on  impounding,  ordinances  may  be  passed  for .  18 

impounding,  ordinances  may  be  passed  for .  19 

Ordinances  of  Montclair. 

leading  or  driving,  on  or  over  sidewalks  regulated .  190 

speed  of  driving  or  riding,  regulated .  188 

trees  on  streets,  not  to  be  hitched  to .  191 

penalty  for  violation  of  ordinance .  191 

See  also  DOGS. 

ANNEXED  TERRITORY. 

Ordinances  of  Montclair. 


ordinance  to  include  certain,  within  limits  of  the  First  Election  Dis¬ 


trict,  etc .  224 

ordinance  to  include  normal  school  in  First  Ward .  240 

Statutes. 

assessments  for  improvements  in,  L.  1905,  Ch.  219 . 

formation  of  ward  and  election  districts,  L.  1903,  Ch.  244 .  91 

APPEALS. 

from  Recorder,  where  taken .  15 

APPEALS,  COMMISSIONERS  OF,  See  COMMISSIONERS  OF  APPEALS. 
APPOINT. 

power  to,  in  Town  Council .  4 

APPORTIONMENT. 

act  to  authorize,  of  taxes,  assessments  and  water  rents .  84 


397 


328 


INDEX. 


PAGE 

AREAWAY. 

Ordinances  of  Montclair. 

constructing  over  line  of  street  regulated,  penalty . .  190 

ARREARS  OF  TAXES  AND  ASSESSMENTS, 

See  TAXES  AND  ASSESSMENTS. 
ARREARS  OF  TAXES,  COLLECTOR  OF, 

See  COLLECTOR  OF  ARREARS  OF  TAXES. 

ARREST. 

bicycles,  etc.,  may  be  left  as  security  for  appearance  after .  92 

when  may  be  made  without  warrant .  15,  223 

Ordinances  op  Montclair. 

police  may  make,  without  warrant .  223 

ASSESSMENT  MAPS. 

ordinances  may  be  passed  for  making,  adopting,  etc .  18 

ASHES  AND  GARBAGE. 

appropriations  for  .  25 

town  may  provide  for  appropriation  for .  22 

Ordinances  op  Montclair. 

ordinance  providing  for  collection,  etc.,  of .  222 

Statutes. 

town  may  provide  for  collection,  etc.,  L.  1903,  Ch.  45 .  63 

ASSESSMENT,’ COMMISSIONERS  OF, 

See  COMMISSIONERS  OF  ASSESSMENT. 

ASSESSMENTS. 

adjustments  of,  when  awards  equal,  exceed  or  are  less .  31 

apportionment  authorized  .  84 

assessor,  when  to  complete .  40 

Board  of  Assessors  to  make .  55 

certiorari  not  allowed  to  set  aside,  after  what  time .  36 

Commissioners  of  Assessment  to  make,  for  improvements .  26 

Commissioners  to  make,  for  street  improvement .  29,  31 

cost  of  street  or  sewer  improvement,  how  made .  35,  45 

Council,  when  may  confirm .  36 

interest  on,  rate  .  39 

moneys  received  for  redemption,  from  sale  for,  to  be  paid  into  Sinking  Fund  38 

payment  of,  when  to  be  made .  40 

street  and  sewer  improvement,  how  made .  35 

street,  to  have  paved,  shall  not  be  set  aside,  etc.,  by  reason  of  failure  of 

Clerk  to  serve  notice .  33 

valid  notwithstanding  certain  mistakes .  36,  52 

Ordinances  op  Montclair. 

ordinance  creating  Board  of  Assessors  not  to  affect,  already  made....  160 
Statutes. 

Commissioners  to  adjust,  L-  1903,  Ch.  258 .  88 

for  additional  sewers,  L.  1902,  Ch.  265 .  45,  86 

for  county  roads,  how  collected,  L.  1906,  Ch.  185 . 

for  state  roads,  L.  1903,  Ch.  231 . 

for  street  improvements,  L.  1908,  Ch.  142 .  23 

for  street  improvements  may  be  laid  afterwards,  L.  1907,  Ch.  129 .  34 

in  annexed  territory,  L.  1905.  Ch.  219 . 

payable  in  installments,  L.  1903,  Ch.  206 .  50 

searches  to  be  made  on  sale  for,  L.  1906,  Ch.  265 . 

See  also  TAXES  AND  ASSESSMENTS. 

ASSESSOR. 

an  officer  of  the  town .  4 

duties  of  . . .  16 

elected  at  annual  town  election .  4 


INDEX. 


329 


PAGE 

ASSESSOR — Continued. 

salary  to  be  fixed  by  Council .  11 

not  to  be  changed  during  term .  11 

Ordinances  of  Montclair. 

Board  of  Assessors  to  perform  duties  of .  160 

Statutes. 

act  authorizing  towns  to  appoint,  L.  1908,  Ch.  153 .  80 

ASSESSORS,  BOARD  OF,  See  BOARD  OF  ASSESSORS. 

ASSOCIATIONS  FOR  IMPROVEMENT  OF  PUBLIC  GROUNDS. 

incorporation,  act  to  encourage .  91 

ATTORNEY. 

an  officer  of  the  town .  4 

appointed  by  Council  .  4,  16 

duties  to  be  prescribed  by  Council .  16 

residence  not  required  of .  9 

who  eligible  for .  93 

Ordinances  of  Montclair. 

ordinance  prescribing  the  duties  to  be  performed  by .  220 

AUCTIONEERS. 

ordinances  may  be  passed  to  license  and  regulate .  20 

AVENUES,  See  STREETS. 

AWARDS. 

actions  on,  how  conducted .  31 

notice  of,  to  be  given .  32 

adjustment  of,  when  assessments  equal,  exceed  or  are  less .  34 

Board  of  Assessors  to  have  charge  of . . .  55 

report  of  commissioners  on .  29 

action  on  .  31 

AWNINGS. 

Ordinances  of  Montclair.. 

placing  of,  on  streets  prohibited .  189 

penalty  .  191 


B 

BAGGAGE. 

ordinance  may  regulate  carriages,  etc.,  for .  20 

BAIL. 

when  prisoners  may  be  admitted  to .  15 

BALL. 

Ordinances  of  Montclair. 

playing  of,  on  streets  prohibited .  190 

BALLOTS. 

form  of,  in  election  to  incorporate  town .  2 

term  of  office  of  Councilmen  and  members  of  Board  of  Education  to  be 

designated  on,  in  first  election...! .  9 

BANKING  INSTITUTIONS. 

funds  may  be  raised  by  municipalities  to  replace  those  lost  by  failure  of . . . .  95 

BATH  HOUSES. 

keepers  of,  licenses .  20 

BATHING,  See  SWIMMING. 

BEER,  See  EXCISE. 

BEGGARS,  See  TRAMPS,  ETC. 


330 


INDEX. 


PAGE 

BELLS. 

Ordinances  of  Montclair. 

bicycles,  etc.,  to  have .  189 

BENZINE. 


Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

BICYCLES,  TRICYCLES,  ETC. 

may  be  left  as  security  for  appearance  on  arrest .  92 

uniformity  of  ordinances  affecting,  required .  87 

use  of,  regulated .  87 

Ordinances  of  Montclair. 

bell  to  be  attached  to .  189 

bell,  when  to  be  rung .  189 

coasting  prohibited  in  certain  districts .  190 

lamps  lighted,  when  required .  188 

permit  may  be  granted  to  ride,  at  any  speed .  189 

riding  on  sidewalks  prohibited .  189 

speed  regulated  .  188 

BIDS. 

Council  may  advertise  for,  for  main  and  trunk  sewers .  44 

Council  may  reject,  for  drains  and  culverts .  51 

Council  may  reject,  for  street  improvement .  33 

BILL  POSTERS. 

licenses  for  .  20 


BOARD  OF  ASSESSORS. 

assessments,  when  to  be  completed .  40 

awards,  how  paid  and  collected .  56 

bonds  to  be  given  by .  55 

Clerk  of,  how  selected .  55 

confirmation  of  assessments,  how  made .  56 

Council  may  provide  for .  54 

oath  of . 56 

removal  from  office,  proceedings .  55 

report  to  be  made  annually .  56 

substitute  to  be  named  where  assessor  interested .  56 

vacancy  to  be  filled  by  Council .  55 

Ordinances  of  Montclair. 

assessments  not  to  be  affected  by  ordinance .  160 

compensation  to  be  prescribed  by  Council . ’. .  160 

created  .  159 


BOARD  OF  CANVASSERS. 

certificates  to  be  delivered  to  elected  officers  by  clerk  of .  8 

composition  of  .  7 

statement  to  be  made  and  filed  by .  8 

BOARD  OF  COMMISSIONERS  OF  APPEAL, 

See  COMMISSIONERS  OF  APPEAL. 

BOARDING  HOUSES. 

license  for  .  20 

BOARD  OF  EDUCATION. 

By-Laws. 

buildings  not  to  be  used  for  other  than  school  purposes  without  per¬ 
mission  .  322 

election  for  officers  of,  how  conducted .  322 

meetings  . 322 

standing  committees  .  322 

Superintendent  to  report  monthly .  323 

supplies  by  whom  to  be  bought . . .  322 

teachers  to  report  monthly  to  Superintendent .  323 


INDEX. 


331 


PAGE 

BOARD  OF  EDUCATION— Continued. 

teachers’  compensation  when  absent .  323 

Rules  Governing  Employment,  etc.,  of  Teachers. 

contract  with  teacher  to  cease  if  teacher  be  found  to  be  without  proper 

certificate  . 325 

corporal  punishment  not  to  be  inflicted .  325 

holidays,  teachers  not  obliged  to  teach  and  no  deduction  from  salary 

to  be  made  for .  325 

jury  duty  exemption .  325 

leaving  school  before  expiration  of  employment,  teacher  liable  to  have 

certificate  suspended  .  324 

religious  services  not  to  be  held  in  schools .  325 

salary  of  teacher  not  to  be  paid  until  school  register  is  certified  properly 

kept  .  324 

salary  before  vacation  or  leaving  not  to  be  paid  until  annual  report  is 

filed  .  324 

principal  to  furnish  annual  report  in  schools  where  more  than  one 

teacher  is  employed .  324 

school  register  to  be  kept  by  teacher .  324 

suspension  of  pupils,  regulations  concerning .  325 

term  of  employment,  when  to  commence .  325 

BOARD  OF  HEALTH. 

act  concerning  enforcement  of  ordinances  of .  15,  90 

public  health  law  establishing .  85 

Sanitary  Code  of  Montclair  established  by . 241 

scavengers  may  be  regulated  by  ordinance  of .  92 

Ordinances  of  Montclair. 

appointment  of  .  97 

See  also  SANITARY  CODE  OF  BOARD  OF  HEALTH  OF  MONTCLAIR. 
BOMB. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

BONDS. 

Board  of  Assessors .  55 

Commissioners  of  Sinking  Fund  to  give .  59 

Commissioners  of  Sinking  Fund  to  invest  in .  59 

contractors  for  drains  and  culverts  to  give .  52 

contractors  for  street  improvements  to  give .  34 

Council  may  declare  office  vacant  for  failure  of  officers  to  give .  10 

Council  may  issue,  for  improvements,  etc .  39 

Council  shall  require  person  with  contract  to  grade,  etc.,  streets  to  give.  ...  34 

Council,  when  may  issue,  for  improvements  pending  on  incorporation .  41 

funding  of  matured  and  maturing,  authorized .  94 

funds  lost  through  bank  failure,  to  replace .  95 

issue  for  erection  or  rebuilding  of  public  buildings  and  purchase  of  fire 

apparatus  authorized  .  87 

issue  of,  to  pay  certain  bonds,  improvement  certificates  and  judgments, 

authorized  .  92 

issue  of,  to  pay  for  purchase  or  extension  of  waterworks,  authorized .  94 

issue  of,  to  pay  for  interest  in  outlet  sewer,  authorized .  95 

officers,  certain,  to  give .  10 

reissue  of,  when  may  be  made .  50 

renewal  of  matured  and  maturing,  authorized .  21 

surveyors  to  give .  16 

waterworks  extensions,  for  .  26 

Ordinances  of  Montclair. 

application  for  license  for  inn  to  be  accompanied  by .  234 

application  for  liquor  selling  license  to  be  accompanied  by .  234 

Assistant  Collector  of  Taxes  to  give .  218 


332 


INDEX. 


page 

BONDS — Continued. 

Board  of  Assessors  to  give . 55 

Board  of  Assessors  to  give .  160 

license  for  inns  or  liquor  selling  not  to  issue  without .  234 

New  York  and  New  Jersey  Telephone  Company  to  give . .  128 

form  of  . . .  128 

Statutes. 

re  contagious  diseases,  L-  1902,  Ch.  267 . 

re  purchase  of  land  with  municipal  building  thereon,  L.  1902,  Ch.  5....  23 

for  waterworks,  L.  1902,  Ch.  82 .  95 

for  waterworks  extensions,  L.  1906,  Ch.  216 .  91 

for  engine  house  and  other  municipal  buildings, 

L.  1903,  Ch.  12 .  95 

L.  1903,  Ch.  45 .  63 

re  joint  sewer  through  two  municipalities,  L.  1903,  Ch.  230 .  49 

re  abolition  of  grade  crossings,  L.  1904,  Ch.  209 .  50,  93 

re  outlet  or  trunk  sewer,  L-  1904,  Ch.  152 .  50,  93 

re  park  lands,  L.  1904,  Ch.  37 .  23,  64 

re  sewerage  disposal  plant,  L-  1905,  Ch.  77 .  92 

for  strip  of  lawn  along  trolley  tracks,  L.  1905,  Ch.  112 .  22 

to  refund  maturing  bonds  or  floating  indebtedness,  L.  1907,  Ch.  101  ...  21 

rate  of  bond  interest  not  to  be  over  five  per  cent.,  L,.  1908,  Ch.  19 . 

re  purchase  of  water  works, 

L.  1907,  Ch.  207 .  94 

L.  1908,  Ch.  150 .  94,  95 

for  additional  and  enlarged  sewers,  L-  1902,  Ch.  265 .  45 

BORROW. 

Commissioners  of  Adjustment,  expense  of .  26 

power  to,  in  anticipation  of .  26 

BOUNDARIES. 

ordinances  may  ascertain  and  establish,  of  streets .  18 

BRANDY,  See  EXCISE. 

BROAD  TIRES. 

Ordinances  of  Montclair. 

transient  wagons  not  affected  by  ordinances . ’. .  184 

wagons  and  cars  to  use,  on  macadamized  streets .  184 

BUILDING  CODE. 

anchors  in  buildings  over  three  stories  high .  285 

ash  depositories,  regulated  .  306 

assembly,  buildings  of  public,  regulations  concerning .  303 

assembly  hall,  when  must  have  fire  escape .  291 

asylum,  when  must  have  fire  escape .  291 

automobiles,  buildings  for,  regulated .  298 

basement,  height  of  ceiling  of .  290 

must  not  be  altered  for  living  purposes,  except,  etc .  290 

buildings,  committee  on,  how  constituted . . . 272 

dangerous,  how  regulated  .  275 

tenants  in,  how  notified .  276 

demolition  of,  defined .  273 

expense  of,  how  borne .  276 

regulated  .  274 

enforcement  of  ordinance .  276 

frame,  regulations  concerning .  296,  297 

must  have  foundations . 304 

inspector  of,  how  appointed,  and  duties .  272 

permits  for  building,  regulations  concerning .  272 

plumbing  work,  alterations  of,  regulated .  272 

removal  of,  defined . 273 

repairs,  when  made  without  permit.... .  273 

without  basements,  regulations  concerning .  305 


INDEX. 


333 


PAGli 

BUILDING  CODE— Continued. 

wooden,  where  not  to  be  erected .  306 

ceilings,  regulations  concerning .  305 

cellars,  regulations  concerning,  for  living  purposes .  294 

chimneys,  regulated  .  287,  288 

churches,  regulations  concerning .  303 

columns,  strength  of,  regulated .  293 

combustible  material,  regulations  concerning  location  of .  289 

storage  of  .  277 

cement,  blocks  of,  how  constructed .  290 

definition  of  terms  used  in  Building  Code .  279 

dwelling  house  defined .  279 

over  three  stories  high,  must  be  non-combustible .  304 

elevators,  regulations  concerning .  294,  295,  296,  299 

encumbrance  on  fire  escapes  forbidden .  291,  292 

excavations,  regulations  concerning . 283 

factory,  regulations  concerning,  when  must  have  fire  escapes .  291,  305 

fences,  regulations  concerning  .  305 

wooden,  not  to  be  over  eight  feet  high .  304 

fire,  after  damage  by,  when  repairs  permitted . .  274 

fire  escape,  regulation  of .  291 

fire  limits,  removal  of  wooden  building  to  within,  prohibited .  298 

roofs,  covering  of .  298 

floors,  strength  of,  regulated .  293 

flues,  for  hot  air,  how  covered .  290 

regulated  .  288,  289 

regulations  concerning  .  294 

foundations  for  frame  buildings  regulated .  286 

piers,  regulated  .  286,  287 

posts,  when  may  be  used .  287 

regulations  concerning  .  280,  284 

under  frame  buildings  required .  304,  305 

wet,  how  protected .  290 

furnace,  foundation  for .  289 

garage,  erection  of,  regulated . 298 

greenhouses,  regulations  concerning .  299 

halls  for  public  assembly,  regulations  concerning .  303 

hearths,  regulated  .  28 7 

hot  air,  conductors  for,  how  built .  289 

registers,  regulated  . . <7\.  •  •  290 

inspections  of  buildings  must  be  had  every  six  months .  292 

ladders,  stationary  iron,  must  lead  to  scuttle  in  roof .  292 

lathing  must  be  started  only  after  approval  of  building .  278 

materials  of  mortar,  regulations  concerning .  280 

mill,  when  must  have  fire  escape .  291 

mortar  and  concrete,  materials  of .  280 

partitions,  regulations  concerning .  305,  306 

permit,  Inspector  of  Buildings  shall  keep  book  of .  278 

piers,  not  to  be  built  in  freezing  weather .  304 

pipes  for  storm  water,  regulated .  297 

privies  within  fire  limits,  regulation  of .  299 

public  buildings  defined .  279 

recesses,  regulations  concerning .  282 

records.  Inspector  of  Buildings  shall  keep .  278 

roofs,  doors  in  scuttle  regulated .  296 

repairs  to  shingle .  306 

strength  of,  regulated .  293 

within  fire  limits,  covering  of .  298 

schools,  certain,  must  have  fire  escapes .  291 

shavings  not  allowed  under  building .  306 

signboards,  regulations  concerning .  304 

skylights,  regulations  concerning .  296 


334 


INDEX. 


PAGE 

BUILDING  CODE— Continued. 

stables,  erection  of,  regulated . 298 

stairways,  fireproof,  must  be  provided .  293 

temporary,  must  be  erected  pending  construction . .  298 

storage  of  combustible  material  regulated . *.  277 

stoves,  near  wood  partitions,  regulated .  288 

theatres,  regulations  concerning .  299 

timbers  for  foundations .  284 

walls  not  to  be  built  in  freezing  weather .  304 

provisions  concerning  .  281,  282 

with  wooden  furring,  regulated .  306 

warehouse  defined  .  279 

regulations  concerning  .  297 

workshop,  when  must  have  fire  escape .  291 

bonds  may  be  issued  for  erection  or  rebuilding  of  public .  87 

erection  of  certain  municipal,  authorized .  95 

ordinances  may  regulate  and  control  passage  through .  19 

ordinances  may  regulate  removal  or  destruction  of  dangerous .  19 

ordinances  may  provide  for  razing  or  demolishing,  to  prevent  spread  of  fire  19 

ordinances  may  provide  for  erection  of  public .  20 

Ordinances  of  Montclair. 

inflammable  materials  not  to  be  used  in  construction  of,  in  certain 

limits  .  211 

Statutes. 

may  erect  engine  houses,  etc.,  L.  1903,  Ch.  12 .  62 

BURIAL. 

Sanitary  Code  of  Board  of  Health,  regulations .  255 

BURNING  FLUID,  See  FIREWORKS. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 


C 

CAB  OWNERS  AND  DRIVERS,  licenses  for .  20 

Also  see  CARTMEN. 

CABS. 

ordinance  may  regulate .  20 

CAMPHENE,  See  FIREWORKS. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

CANNON. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

CARRIAGE  OWNERS  AND  DRIVERS,  See  CARTMEN. 

CARRIAGES,  CHILDREN’S,  See  VELOCIPEDES. 

CARRYING  CONCEALED  WEAPONS,  See  WEAPONS 

CARS. 

ordinance  may  regulate .  20 

CARTMEN,  PORTERS,  HACKMEN,  ETC. 

ordinances  may  license  and  regulate .  20 

CATTLE,  See  ANIMALS. 

CELLAR  OPENING.  See  AREAWAY. 


INDEX. 


335 


PAGE 

CEMETERIES. 

Statutes. 

Council  must  consent  to  location  of,  L-  1904,  Ch.  249;  L-  1905,  Ch.  64.. 
appeal  re  location  of,  to  State  Board  of  Health,  E.  1906,  Ch.  152 . 


CERTIFICATES. 

election,  Clerk  to  deliver  to  persons  elected .  8 

result  of  election  for  incorporation  of  town  to  be  filed .  3 

how  executed  .  3 

who  to  make .  93 

Ordinances  of  Montceair. 

application  to  Collector^  for,  form .  183 

Collector  to  issue,  as  to' liens .  183 

fee  for  .  183 

CERTIFICATES,  IMPROVEMENT,  See  IMPROVEMENT  CERTIFICATES. 

CERTIORARI. 

assessment  for  improvement,  when  not  allowed  to  set  aside .  36 

fees  of  Clerk  for  return  to .  12 

ordinance  for  improvement,  not  allowed  to  set  aside  after  contract  let .  36 

CHIEF  OF  POLICE,  See  POLICE,  CHIEF  OF. 

CHOSEN  FREEHOLDERS.  See  FREEHOLDERS,  CHOSEN. 

CIRCULARS. 

Statutes. 

act  concerning  distribution,  etc.,  L-  1904,  Ch.  88 .  66 

CIRCUSES,  See  SHOWS. 

CITIZENS. 

officers  of  town  must  be .  9 

Ordinances  of  Montclair. 

Board  of  Health  to  be .  97 

CLERK. 

an  officer  of  the  town .  4 

Board  of  Canvassers,  to  be  clerk  of .  7 

bonds  of  Commissioners  of  Sinking  Fund  to  be  filed  with .  59 

Bond  to  be  given  by .  10 

certificate  of  result  of  election  for  incorporating  town  to  be  attested  by.. ..  3 

certificate  to  be  delivered  to  elected  officers  by .  8 

certified  copies  from,  to  be  evidence .  12 

duties  of  .  12 

elected  at  annual  town  election .  5 

fees  for  copies  and  return  to  writ  of  certiorari .  12 

notice  for  street  improvement,  etc.,  to  be  given  by .  32 

how  given  .  32 

notice  of  intention  to  sue  to  be  filed  with .  32 

notice  of  proposed  drains  and  culverts  to  be  given  by .  51 

notice  of  petition  for  street  improvement  to  be  published  and  posted  by _  32 

notice  of  filing  report  of  Commissioners  of  Assessment  to  be  given  by..  30,  36 

oath  of  officers  to  be  filed  with .  10 

oath  of  Commissioners  of  Assessment  to  be  administered  by .  27 

office  and  hours .  12 

ordinance  for  street  improvement  to  be  published  and  posted  by .  33 

proposals  for  drains  and  culverts  to  be  advertised  by .  52 

record  of  statement  of  Board  of  Canvassers  to  be  kept  by .  8 

report  of  Commissioners  of  Assessment  fo  be  filed  with .  30,  36 

salary  of,  to  be  fixed  by  Council . 11 

salary  of,  limit... . 11 

statement  of  election  officers  to  be  filed  with .  8 

statement  of  election  officers  to  be  produced  by,  on  request .  8 

statement  of  Council  to  be  distributed  by .  17 


336 


INDEX. 


PAGE 

CLERK — Continued. 

term  of  office  of .  12 

warrants  to  be  attested  by .  13 

Ordinances  of  Montclair. 

charges  against  police  officers  and  notice  to  be  served  on  accused  by...  222 

contingent  expenses,  amount  provided  for .  182 

fees  for  licenses  for  junkmen  to  be  paid  to .  98 

fees  for  licenses  for  inns  and  liquor  selling  to  be  deposited  with .  235 

licenses  for  hawkers  and  peddlers  to  be  issued  by .  214 

licenses  for  shows,  etc.,  to  be  countersigned  by .  193 

licenses  for  dogs  to  be  signed  by .  209 

notice  to  owners  to  repair  sidewalks,  etc.,  to  be  given  by .  102 

Rules  of  Council. 

committeemen  to  be  notified  on  request  of  committee  meetings  and 

subjects  by  .  311 

duties  in  relation  to  Council .  310 

record  of  all  orders  for  payment  of  money  to  be  kept  by .  310 

COAL  OIL- 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

COASTING. 

on  sleds  prohibited .  190 

COLLECTOR. 

assistant,  may  be  abolished .  13,  21 

an  officer  of  the  town .  9 

bond  to  be  given  by .  10 

penalty  for  failure  to  give .  10 

duties  of  .  12 

elected  at  annual  town  election .  4 

notice  to  be  given  by .  40 

office  and  hours .  13 

salary  of,  not  to  be  changed  during  term  of  office .  11 

term  of  office  of .  12 

Ordinances  of  Montclair. 

ordinance  providing  for  assistant .  217 

searches  and  certificates  to  be  made  by,  on  application .  183 

COMMISSIONERS  OF  ADJUSTMENT. 

appointment  by  court .  92 

expenses  of,  to  borrow  for .  26 

COMMISSIONERS  OF  ASSESSMENT. 

abolished  on  appointment  of  Board  of  Assessors  (L.  1899,  Ch.  107) . 

assessment  for  improvement  to  be  made  by .  35 

how  made  .  36 

awards  of,  may  be  offset  by  benefits .  36 

confirmation  of  report . 

damages  and  awards  for  lands  for  sewers  to  be  determined  by .  34 

drains  and  culverts,  assessments  to  be  made  by .  52 

duties  of  . 36 

form  of  report . 36 

hearing  of  objections . • .  34,  36 

map  of  improvement  to  be  made  by .  36 

map  to  accompany  report .  36 

named  as  officers  of  town .  4 

notice  of  filing  report  to  be  published  and  posted .  29,  36 

oath  of  . 27 

petition  for  laying  out  streets  to  be  referred  to,  by  Council .  28 

qualification  of,  to  assess  benefits  conferred  by  construction  of  sewers .  92 

report  to  be  filed  with  Clerk .  36 


INDEX. 


337 


PAGE 

COMMISSIONERS  OF  ASSESSMENT— Continued. 

report  may  be  returned  by  Council  for  revision .  36 

reports  of,  in  certain  cases .  34 

salaries  not  to  be  changed  during  term .  11 

street  improvements  to  be  referred  to .  25 

street  improvement  shall  not  be  proceeded  with  until  deposit  is  certified 

to  by  Treasurer .  28 

substitute  to  be  appointed  by  Council  when  one  is  interested .  27 

surveyor  to  assist  in  matter  of  street  improvement .  29 

term  of  office  of .  27 

Ordinances  oe  Montclair. 

Board  of  Assessors  to  perform  duties  of .  160 

COMMISSIONERS,  EXCISE,  See  EXCISE  COMMISSIONERS. 
COMMISSIONERS,  FIRE,  See  FIRE  COMMISSIONERS. 
COMMISSIONERS  OF  SINKING  FUND. 

bond  to  be  given  by .  59 

duties  of  .  59 

form  of  bond  of .  59 

report  to  be  made  by .  59 

vacancy,  how  filled .  59 

COMMISSIONERS,  WATER,  See  WATER  COMMISSIONERS. 

COMMON  CRIERS. 

ordinance  may  license  and  regulate .  20 

COMMON  PLEAS,  See  COURT  OF  COMMON  PLEAS. 

CONCERTS,  See  SHOWS. 

CONDEMNATION  PROCEEDINGS. 

sewers  .  23 

CONSENTS. 

for  waterworks,  how  given .  26 

CONSTABLES. 

elected  at  annual  town  election .  4 

pay  of  .  84 

process  of  Recorder  may  be  served  by .  16 

process,  when  may  be  executed  by,  in  adjoining  municipality .  24 

Statutes. 

pay  of,  L.  1904,  Ch.  154 .  84 

fees  and  mileage  go  to  county,  L.  1907,  Ch.  173 .  84 

pay  of  constables  in  lieu  of  fees  and  mileage,  L-  1907,  Ch.  238 .  84 


CONTAGIOUS  DISEASES,  BONDS  TO  PAY  EXPENSE,  See  BONDS. 
Statutes. 

borrowing  to  prevent  spread  of,  L-  1902,  Ch.  267 . 

consent  to  tuberculosis  hospital  required,  L.  1907,  Ch.  170 . 

CONTINGENT  EXPENSES. 

Ordinances  of  Montclair. 


account  of,  to  be  kept  and  report  made  by  officers .  183 

Chief  of  Police,  amount  for .  183 

Clerk,  amount  for  .  183 

incidental  fund  to  supply  money  for .  182 

receipts  in  full  to  be  paid  over  to  treasurer  by  officers .  183 

Superintendent  of  Roads  and  Sewers,  amount  for .  183 

CONTRACTS. 

assessments  or  ordinances  for  improvement  not  to  be  set  aside  after 

letting  of  .  36 

bonds  to  be  given  by  persons  entering  into,  for  street  improvements .  34 

Councilmen  not  to  be  interested  in,  when  for  town .  17 

drains  and  culverts,  when  to  be  entered  into . .  52 

municipalities  owning  waterworks  authorized  to  furnish  water  outside  of  by  91 
outlet  sewers  and  drainage,  when  may  be  made  with  owners  of  land .  86 


338 


INDEX. 


CONTRACTS-Continued. 

sewer  connections,  Council  may  make .  35 

sewers,  main  or  trunk,  when  council  may  make .  44 

street  improvement,  Council  may  make .  33 

town  to  be  responsible  for  its  predecessors’ .  4 

town  may  make,  with  railroad  company  to  change  or  elevate  railroad .  95 

validation  of  certain,  between  municipalities  for  sewers .  93 

water  may  be  provided  by  Council  by .  25 

Ordinances  of  Montceair. 


Montclair  Light  &  Power  Company  to  enter  into,  when  Council  desires  107 
New  York  &  New  Jersey  Telephone  Company  to  enter  into  with  town  127 

See  also  Contract  with  Water  Company .  195 

CONVICTION. 


review  of,  from  Recorder .  .  16 

violation  of  liquor  ordinance,  penalty  for .  20 


CORPORATIONS. 


ordinances  may  regulate  use  of  privileges  in  streets  by .  18 

municipalities  owning  waterworks  authorized  to  furnish  water  to .  91 

service  on,  in  collection  of  arrears  of  taxes,  etc .  87 

COUNCIL,  See  also  POWERS. 

application  for  street  improvement  to  be  advertised,  etc.,  by  order  of .  32 

Assessor,  when  to  present  books  to .  40 

Attorney  to  be  appointed  by .  4,  16 

awards  of  Commissioners  of  Assessment  to  be  confirmed  by .  30 

awards  of,  persons  dissatisfied  with,  may  sue .  31 

bids  for  street  improvement  may  be  rejected  by .  33 

bids  for  construction  of  drains  and  culverts  may  be  rejected  by .  52 

Board  of  Assessors  may  be  created  by  act  of  1899 .  54 

Board  of  Assessors,  when  to  present  books  to .  56 

bonds  for  improvements  may  be  issued  by .  38 

bonds  for  improvements  pending  an  incorporation  may  be  issued  by .  41 

bonds  for  main  or  trunk  sewers  may  be  issued  by .  45 

bonds  may  be  required  of  officers  by .  10 

bonds  to  be  required  of  contractors  for  street  improvement  by .  34 

regulations  .  45 

certified  copies  of  proceedings  of,  to  be  evidence . .* .  12 

certiorari  to  set  aside  assessment  of,  when  not  allowed .  36 

Chairman  of,  to  sign  ordinances  engrossed  in  book .  12 

Chairman  of,  who  to  be .  17 

Clerk  to  keep  record  of  proceedings  of .  12 

Collector’s  office  hours  to  be  designated  by .  12 

Collector,  additional  duties  may  be  prescribed  by .  13 

Collector  to  report  annually  to .  13 

Collector  to  lay  before,  all  books  for  examination  and  audit .  13 

Commissioners  of  Adjustment  to  be  appointed  on  application  of .  92 

Commissioners  of  Assessment  to  be  appointed  by .  26 

Commissioners  of  Sinking  Fund,  further  duties  may  be  prescribed  by....  60 
Commissioners  of  Sinking  Fund,  Chairman  of  Finance  Committee  to  be 

one  of  .  58 

compensation  of  Inspector  of  Street  Improvement  to  be  fixed  by .  34 

composition  of  .  4 

confirmation  of  report  of  Commissioners  on  Improvement  by .  36 

consent  of,  to  be  obtained  for  construction  of  street  railways,  etc .  88 

contract  for  drains  and  culverts  may  be  entered  into  by .  52 

drains  and  culverts,  proceedings  for . _ . .  51 

election,  may  provide  for,  on  petition,  to  decide  upon  incorporating  town..  1 

examination  of  assessor’s  books  by.. .  40 

Excise  Commissioners  may  be  appointed  by .  96 

Fire  Commissioners  to  be  appointed  by .  21 

good  government,  ordinances  may  be  passed  by,  for .  25 

grading  of  streets  may  be  provided  by .  27 


INDEX. 


339 


PAGE 

COUNCIL — Continued. 

improvement  certificates  may  be  issued  by .  35 

inspector  of  sewer  or  street  improvement  may  be  appointed  by .  34 

lighting  of  streets  may  be  provided  for  by .  25 

meadows  and  swamp  lands  in  corporate  limits  may  be  drained  by  direction  of 

money,  when  may  be  borrowed  by .  26 

moneys  may  be  raised  for  certain  purposes  by .  25 

newspapers,  official,  may  be  designated  by .  26 

number  of  votes  necessary  to  pass  ordinance  to  hold  election  for  incorpo¬ 
rating  town  .  1 

objections  to  construction  of  drains  and  culverts  to  be  considered  by .  51 

objections  to  report  of  Commissioners  on  improvement  to  be  considered  by  36 

objections  to  street  improvement  to  be  considered  by .  33 

objections  to  street  openings  to  be  heard  by .  36 

objection  to  work  on  improvement  to  be  considered  by .  34 

officer  may  be  required  to  give  new  or  additional  surety  by .  4 

officers,  such  other  as  necessary  may  be  appointed  by .  5 

officers  to  be  governed  by  general  ordinances  adopted  by .  12 

officers  may  be  removed  by  vote  of .  12 

offices  not  existing  before  incorporation  may  be  filed  by .  5 

ordinances,  when  to  be  passed  by .  18 

organization,  when  affected  .  17 

owners  may  be  required  to  keep  sidewalks,  etc.,  in  repair  by .  26 

payment  of  award  for  street  opening  to  be  directed  by .  31 

payment  of  assessments  for  sewers  may  be  provided  for  by .  50 

petition  for  street  opening,  etc.,  to  be  presented  to .  28 

petition  for  street  improvement  to  be  presented  to .  32 

places  to  post  notices  for  improvements  to  be  designated  by .  32 

police  may  be  provided  for,  established,  etc.,  by .  24 

poundkeepers’  terms  and  duties  prescribed  by .  18 

powers  of  .  21,  18 

proceedings  which  could  be  taken  by  previous  governing  body  may  be  taken  by  41 

proceedings  for  sidewalks  and  sewers,  when  may  be  initiated  by .  57 

act  an  addition  to  powers  of . 58 

property  may  be  taken  for  sewers  as  provided  by .  34 

proposals  for  street  improvements  to  be  presented  as  prescribed  by .  33 

purposes  for  which  ordinances  may  be  passed .  18 

quorum  .  17 

Recorder’s  office  and  hours  to  be  designated  by .  15 

report  of  Commissioners  of  Assessment  to  be  made  to .  29 

report  of  Commissioners  of  Assessments  may  be  confirmed  by .  36 

resolutions  for  laying  out,  etc.,  streets,  etc .  28 

salaries  of  certain  officers  to  be  fixed  by  ordinance  of .  11 

sewers  and  drainage  plans  may  be  made  and  adopted  by .  27 

sewer  connections  with  adjoining  municipality  may  be  arranged  for  by .  35 

sewers,  main  or  trunk,  may  be  built  and  constructed  by .  44 

special  election  may  be  ordered  by,  to  fill  vacancy  in .  26 

statement  of  receipts,  etc.,  when  to  be  printed  by .  17 

statement  to  be  given  by  Commissioners  of  Sinking  Fund  to .  59 

street  opening  not  to  be  made  by,  against  what  objection .  30 

street  improvement,  when  to  be  ordered  by .  33 

streets  may  be  laid  out,  opened,  etc.,  by . 27 

Superintendent  of  Streets  may  be  appointed  by .  87 

surety  of  officer  to  notify,  of  withdrawing .  4 

Surveyors,  to  be  designated  by .  16 

term  of  office,  when  may  be  fixed  by .  5 

tie  vote  in  election,  one  of  the  candidates  to  be  elected  by .  8 

tie  vote  for  member  of  Board  of  Education,  new  election  to  be  ordered .  8 

title  of  . .  •  •  • : .  18 

Treasurer  to  receive,  keep  and  disburse  moneys  under  direction  of .  13 

Treasurer  to  make  monthly  and  annual  statements  to .  14 

unexpended  balances  at  end  of  fiscal  year  may  be  disposed  of  as  thought 
best  by  .  38 


340 


INDEX . 


COUNCIL — Continued. 

use  of  streets  by  railways  may  be  regulated  by .  24 

use  of  streets  bordering  on  municipality  by  other  municipalities  may  be 

regulated  by  . .  24 

use  of  culverts  and  sewers  may  be  regulated  by .  53 

vacancy  declared  may  be  filled  by .  4 

vacancy  in  Board  of  Assessors  to  be  filled  by .  55 

vacancy  in  office  may  be  declared  by,  on  failure  to  furnish  surety .  4 

vacancy  may  be  declared  by,  for  failure  of  officers  to  give  bonds .  10 

vacancies  in  offices,  when  may  be  filled  by .  10 

votes  necessary  to  pass  ordinance  for  building  sewers .  27 

wards,  to  divide  town  into .  3 

warrants  to  be  drawn  on  Treasurer  by  order  or  resolution  of .  13 

water  may  be  provided  for  by . .  25 

terms  and  conditions  to  companies  to  be  fixed  by .  26 

Ordinances  of  Montclair. 

Board  of  Assessors’  compensation  to  be  prescribed  by .  160 

Chairman  of  Police  Committee  of,  to  grant  licenses  for  shows,  etc. ...  193 

charges  against  police  officer  to  be  presented  to .  222 

Chief  of  Police  to  be  appointed  by .  222 

continuance  of  bay  windows,  etc.,  may  be  permitted  by .  190 

Dog  Warden  to  be  appointed  by .  209 

engineer  may  be  appointed  by,  to  inspect  work  of  Montclair  Light  & 

Power  Company  .  106 

excavation  of  streets  may  be  made  by,  without  liability  to  North  Jersey 


hawkers’  and  peddlers’  licenses  may  be  revoked  by .  215 

junkmen’s  goods  and  records  may  be  inspected  by  members  of .  99 

licenses  for  inns  and  liquor  selling  to  be  granted  by . 231 

licenses  of  junkmen  subject  to  rules  and  regulations  of .  100 

meetings  of,  times  of .  308,  309 

New  York  &  New  Jersey  Telephone  Company  to  remove  poles  when 

required  by  . 123 

North  Jersey  Street  Railway  Company  line  may  be  purchased  by..  134,  179 
plans  of  subways,  etc.,  to  be  submitted  by  New  York  &  New  Jersey 

Telephone  Company  to  .  121 

repairs  to  sidewalks,  etc.,  to  be  made  by,  on  owner’s  default .  101 

rules  of  Fire  Department  not  to  become  effective  until  submitted  to 

and  approved  by .  101 

snow  removal  may  be  made  by,  on  owner’s  default .  102 

Superintendent  of  Roads  and  Sewers  to  be  appointed  by .  182 

trenches  of  Montclair  &  Bloomfield  Telephone  Company  may  be  used 

by  others  on  permit  of .  118 

work  of  restoring  earth,  etc.,  on  default  of  New  York  &  New  Jersey 
Telephone  Company  to  be  under  direction  of .  125 

Rules. 

bills  and  claims,  when  to  be  presented .  309 

bills  when  to  be  approved  by  committee .  309 

citizens,  when  may  be  heard .  309 

Clerk’s  duties  .  309,  310,  311 

executive  sessions,  when  to  be  held . . . _ . 311 

Finance  and  Auditing  Committee,  when  to  report  on  bills  and  claims..  310 
fund  from  which  payment  of  moneys  to  be  made  to  be  designated  by...  310 

meetings,  when  held .  308 

motion  for  previous  question  not  allowed .  309 

motions  debatable  except  motion  to  adjourn . . . .  309 

new  business  to  be  referred  to  appropriate  standing  committee .  309 

order  of  business  .  308 

orders  on  the  Treasurer,  when  may  be  drawn .  310 

questions  on  resolutions  and  on  passage  of  bills  or  orders  for  money, 
how  taken  .  310 


INDEX. 


341 


PAGE 

COUNCIL— Continued. 

reports  of  standing  committees,  when  to  be  made .  309 

reports,  when  to  be  in  writing .  309 

resolutions  to  be  in  writing  and  read  by  Clerk .  309 

rules  of  Cushing’s  smaller  manual,  when  to  govern .  309 

rules,  how  may  be  suspended  or  amended .  311 

special  meetings,  when  held .  308 

special  meetings,  what  business  to  be  transacted  at .  309 

standing  committees,  meetings .  311 

COUNCILMEN. 

arrests  when  may  be  made  by,  without  warrant .  15 

contracts  of  town,  not  to  be  interested  in .  17 

elected  at  annual  town  election .  5 

number  of  .  5 

number  necessary  to  call  special  meetings .  17 

salaries  to  be  fixed  by  Council .  11 

salaries  not  to  be  changed  during  term  of  office .  11 

limit  of  .  11 

security  for  officers  of  town,  not  to  be .  17 

term  of  office  of .  9 

COUNTY  LANDS. 

Council  may  tax  .  23 

COUNTY  ROADS. 

expense  of,  how  borne .  21 

bonds  for  part  of  cost,  See  POWERS. 

COURT  OF  COMMON  PLEAS. 

appeals  to,  from  Recorder . 15 

CRICKET,  See  BALL. 

CULVERTS,  See  DRAINS  AND  CULVERTS. 

CURBING. 

Street  may  be  curbed,  how .  32 

CURBS. 

Council  may  require  owners  to  keep,  in  repair .  26 

Ordinances  of  Montclair. 

breaking  or  destroying,  prohibited .  190 

owners  to  keep,  in  repair .  101 


D 

DAMAGES,  See  AWARDS. 

DEAD,  See  BURIAL. 

DEBT  OF  TOWN. 

amount  to  be  raised  annually  to  pay  interest  on .  38 

bonds  may  be  issued  for  part  of  bonded . . .  38 

payment  of  interest  and  principal  of,  how  provided  for .  25 

DEBTS. 

town  to  be  responsible  for  its  predecessor’s .  4 

DECORATION  DAY. 

appropriation  for  .  22 

DEPOSIT. 

petition  for  street  improvement  to  be  accompanied  by .  33 

petition  for  street  opening  to  be  accompanied  by .  28 

DISORDERLY  ASSEMBLAGES,  See  RIOTS. 

DISORDERLY  HOUSES. 

ordinances  may  restrain  and  suppress .  19 


342 


INDEX. 


DISEASES.  AO 

Sanitary  Code  of  Board  of  Health,  regulations  concerning  communicable..  253 
DISTURBANCES,  See  RIOTS. 

DOG  WARDEN. 

Ordinances  oe  Montclair. 

appointed  by  Council .  209 

license  to  be  issued  by  Town  Clerk .  208 

penalty  for  molesting  or  interfering  with .  ..  210 

DOGS. 

fee  for  licenses,  how  used .  39 

killed,  when  .  22 

ordinances  may  regulate,  prevent  and  provide  for  destruction  of  certain.  ...  19 

ordinances  for  licensing  of,  authorized .  88 

tax  on,  to  be  levied  by  Assessor .  40 

Ordinances  of  Montclair. 

attacking  person  upon  street  forbidden .  239 

barking,  control  of .  239 

destroyed,  when  .  239 

disposition  of,  by  Dog  Warden .  210 

fee  for  license  .  208 

form  of  tag  .  209 

penalty  for  unlicensed  dogs  running  at  large .  209 

penalty  for  non-use  or  mis-use  of  tags .  209 

penalty  for  molesting  or  interfering  with  Warden .  210 

redemption  of,  by  owners,  regulations .  210 

running  at  large,  must  not  attack  any  person .  239 

tag,  without,  deemed  unlicensed .  210 

term  of  license  .  209 

trespassing  upon  property,  attacked  by . * .  239 

unlicensed,  may  be  seized  by  Dog  Warden .  209 

Warden,  duties  .  210 

Statutes. 

license  fees,  use  of,  L.  1902,  Ch.  22 .  88 

proclamation,  L.  1906,  p.  541 .  72 

when  may  be  killed  if  running  at  large  without  muzzle,  L.  1906,  p.  541 . .  72 

DRAINS. 

contracts  may  be  made  with  owner  for .  86 

construction  of,  authorized .  85,  86 

ordinances  may  be  passed  to  prevent  and  remove  all  encroachments  from.  . .  18 

ordinances  may  provide  for  making  and  adopting  general  plan  for .  27 

ordinances  may  provide  for  building  and  constructing .  27 

payment  provided  for .  85,  86 

reports  of  Commissioners  on .  92 

Ordinances  of  Montclair. 

ordinance  to  provide  for  prevention  of  encroachments  in .  225 

DRAINS  AND  CULVERTS. 

Commissioners  of  Assessment,  duties  in  relation  to. . .  52 

construction  not  to  be  beyond  limits  named  in  petition .  51 

contracts  may  be  made  by  Council  after  proposals  are  in .  52 

costs  of  petition  to  be  borne  by  petitioners .  52 

Council  may  by  ordinance  direct  construction  of .  52 

notice  to  be  given  before  ordinance  passed. .  . .  51 

notice  of  filing  Commissioner’s  report  to  be  given .  52 

objections  to  be  considered .  51 

petition  for,  may  be  made  by  real  estate  owners .  51 

proposals  to  be  advertised  for. . .  52 

use  of,  may  be  regulated  by  ordinance .  53 


INDEX. 


343 


PACE 

DRAINAGE  OF  LANDS. 

Statutes. 

for  additional  power  re  swamp  drainage,  see  L •  1903,  Ch.  261,  as  am’d 

by  L.  1904,  Ch.  113 .  85 

procedure  for,  L-  1903,  Ch.  261 .  85 

as  amended  by  L-  1904,  Ch.  113 .  85 

DYNAMITE,  See  FIREWORKS. 

E 

EDUCATION,  BOARD  OF,  See  BOARD  OF  EDUCATION. 

ELECTIONS. 

act  to  regulate .  5 

Board  of  Education,  Council  to  order  new., .  8 

Councilmen,  Council  to  order  new .  8 

officers  of  annual  town,  duties .  7 

ballots,  what  to  contain  in  voting  for  incorporation  of  town .  2 

Board  of  Canvassers  of .  7 

certificate  of  result  to  be  filed .  2,  8 

general,  question  of  town  incorporating  may  be  decided  at .  1 

negative  votes,  what  counted  as .  2 

notice  for  special,  how  given . 1 .  1,  2 

notice  for  general,  how  given .  2 

notice,  what  to  contain .  2 

special,  to  decide  question  of  town  incorporating .  1 

how  provided  for .  1 

special,  how  conducted  .  1 

special,  may  be  directed  by  Council  to  fill  vacancy  in  council .  26 

tie  vote,  Council  to  elect  one  of  candidates .  8 

term  of  elected  candidate .  8 

Statutes. 

compensation  for  election  officers,  L.  1903,  Ch.  266  .  8 

improvement  of  streets,  etc.,  L-  1907,  Ch.  115 .  28 

may  include  schedule  of  appropriations,  L.  1906,  Ch.  296 . 

special  notices  of,  L.  1903,  Ch.  145 .  3 

to  vacate  public  easements — 

L.  1904,  Ch.  205  .  24,  31 

L.  1904,  Ch.  206 . 

under  Police  Pension  Act  of  1906,  L.  1906,  Ch.  299  .  23 

ELECTIVE  OFFICES. 

vacancies  in,  act  for .  9 

ELECTRIC  LIGHT  COMPANIES. 

act  authorizing  incorporation  of,  and  regulating .  84 

ELECTRIC  LIGHT,  HEAT  AND  POWER  COMPANIES. 

use  of  streets  by .  93 

ENGINE  HOUSES,  See  BONDS. 

ESTOPPEL. 

omissions  in  official  searches  to  be .  93 

EVIDENCE. 

in  action  upon  ordinance .  23 

EXCELSIOR. 

Ordinances  of  Montclair. 

ordinance  to  prevent  accumulation  of .  219 

EXCISE. 

act  to  establish  a  department  of _ . . .  96 

licenses  for  sale  of  liquors  only  to  citizens .  20 

Ordinances  of  Montclair. 

application  for  license  to  be  made  in  writing .  233 


344 


INDEX. 


EXCISE — Continued. 

application  for  license  for  wholesaling  liquors .  233 

action  on  .  234 

application  for  licenses  and  bonds,  when  to  be  filed .  238 

bond  must  accompany  application  for  license . .  233 

bond  to  be  given  before  license  issues  for  wholesaling .  234 

bottler’s  license  .  235 

closing  and  opening  hours  of  saloons,  etc .  237 

druggists  may  sell  liquors  under  conditions .  232 

fee  for  license,  amount .  234 

fireman  on  duty  must  not  drink .  238 

hearing  on  application  for  license  to  be  held  by  Council .  235 

intemperate  or  drunken  not  to  be  sold  to .  236 

license  to  be  displayed .  236 

minors,  not  to  be  sold  to .  236 

notice  of  application  for  license  to  be  published .  234 

penalty  for  violation  of  ordinance .  237 

penalty  for  drunkenness  of  holder  of  license .  238 

policeman  or  fireman  on  duty  must  not  drink .  238 

screens  shall  not  obstruct  view  when  saloon  closed .  237 

Sunday  closing  .  236 

term  of  license  .  236 

EXCISE  COMMISSIONERS. 

Council  may  appoint  a  Board  of .  96 

EXECUTIONS. 

amount  for  which  to  issue,  after  action  on  awards .  32 

Recorder,  when  to  issue . 15 

EXHIBITIONS. 

ordinance  may  regulate  or  prohibit,  for  money .  19 

See  also  SHOWS. 

EXPENSES  OF  TOWN. 

moneys  for,  may  be  raised  by  taxation .  25 

EXPLOSIVE  MATERIALS,  See  FIREWORKS. 


F 

FEES. 

an  act  regulating  .  84 

Clerk’s,  for  certified  copies  and  return  to  writ  of  certiorari .  12 

impounding  animals  and  redemption,  ordinances  may  regulate .  19 

mileage  for  certain  officers .  84 

officers  receiving,  to  pay  over  to  Treasurer .  11 

Ordinances  of  Montceair. 

licenses  for  inns .  231 

Montclair  &  Bloomfield  Telephone  Company  to  pay  advertising  and 

printing  .  120,  159 

Montclair  &  Bloomfield  Telephone  Company  to  pay  for  erecting  poles. .  117 
New  York  &  New  Jersey  Telephone  Company  to  pay  for  advertising 

and  printing  .  127 

North  Jersey  Street  Railway  Company  to  pay  advertising  and  print¬ 
ing  .  157,  181 

FINANCES. 

ordinances  may  be  passed  regulating,  etc .  18 

FINES. 

amount  in  case  of  violation  of  liquor  ordinances .  20 

persons  neglecting  to  pay,  to  be  imprisoned  in  certain  cases .  15 


INDEX. 


345 


FINES — Continued. 

Ordinances  of  Montclair. 

violation  of  liquor  ordinance .  237 

Rules. 

unlawful  seizure  by  Dog  Warden . ; .  193 

FIREARMS. 

Ordinances  of  Montclair. 

minors,  shall  not  use .  187 

must  not  be  discharged  upon  street  or  public  place .  186 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

permit  for  firing,  how  granted .  186 

FIRE  COMMISSIONERS. 

appointed  by  Council  . 21 

ordinances  may  provide  for  payment  of  debts  of .  21 

FIRE  COMMITTEE. 

Ordinances  of  Montclair. 

appointment  of  .  101 

powers  and  duties  of .  101 

Rules. 

expenditures  to  be  only  on  recommendation  of .  312 

government  to  be  in  charge  of .  312 

FIRECRACKERS. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

FIRE  DEPARTMENT. 

appointment  and  removal  of  members  of,  may  be  provided  for  by  ordinance  21 

bonds  may  be  issued  for  purchase  of  apparatus  for .  87 

Chief  .  4 

salary  to  be  fixed  by  Council .  11 

engines,  ordinances  may  provide  for  erecting .  20 

engine  houses,  etc.,  erecting  and  purchase  of  land  for,  authorized .  95 

maintenance  of,  may  be  provided  by  taxation .  25 

Ordinances  of  Montclair. 

composition  of  .  100 

Fire  Committee,  appointment  of,  duties,  etc .  101 

penaltv  for  injury  of  apparatus  or  drawing  water  from  fire  plug  without 

permit  .  103 

wires  of  Montclair  &  Bloomfield  Telephone  Company  may  be  affixed 

to  fire  alarm  telegraph  poles  on  approval  of  chief  engineer  of .  116 

wires  of  North  Jersey  Street  Railway  Company  may  be  cut  by,  when 

necessary  .  151,  175 

Rules. 

alarm,  duty  of  company  in  case  of . _ . .  315 

apparatus  not  to  be  taken  beyond  corporate  limits  without  permission..  318 
apparatus  not  to  be  used  except  for  fire  purposes  without  permission...  318 

apparatus  to  be  kept  in  order .  313 

appeal  of  members  from  expulsion .  313 

“Association  of  Exempt  Firemen,”  duties  when  called  out .  319 

badges  to  be  worn .  317 

caps  worn  by  Chief  and  Assistant  Engineers .  315 

chemical  extinguishers,  number  of  extra  charges  to  be  carried .  319 

Chief  Engineer  of,  powers  and  duties .  313,  314 

Chief  or  Assistant  Engineers,  qualifications .  314 

Clerk  of,  duties  .  315 

command  of  company  on  duty  not  to  be  taken  except  by  members  of 

company  .  318 

companies,  number  to  form .  312 


346 


INDEX. 


PAGE 

FIRE  DEPARTMENT— Continued. 

companies  to  be  under  control  of  their  foreman  and  assistants .  315 

constitution  and  by-laws  to  be  adopted  by  companies .  319 

Councilmen  not  to  become  active  members  of,  within  corporate  limits..  314 

disorderly  or  riotous  conduct  while  on  duty,  penalty  for .  317 

duties  of  companies  on  alarm  being  given .  315 

elections,  when  held  .  314 

elections  of  company,  how  held .  314 

engineers,  powers  of  .  314 

expelled  members  not  eligible  to  re-election .  314 

false  alarm,  penalty  for .  317 

Fire  Committee,  meetings  .  313 

Fire  Committee  to  have  charge  of  government  of .  312 

fire  dirty,  proportion  to  be  performed  by  members .  318 

fire  line,  regulations  concerning .  318 

fire  police,  appointment  of .  318 

firemen,  active,  who  may  be .  314 

foreman  of  company  first  arriving  at  fire,  when  to  take  command .  315 

hose,  amount  to  be  kept  by  hose  company .  318 

inventory  to  be  delivered  to  Chief  Engineer  yearly  by  President  and 

Secretary  of  companies  .  316 

leaves  of  absence,  regulations .  318 

neglect  to  attend  or  do  duty  at  fires  by  firemen,  penalty .  317 

officers  exempt  from  company  duties,  meetings  and  fines .  314 

organization  of  .  312 

penalties  for  violation  of  rules  and  regulations  by  foreman  or  assistants  316 

report  of  fires  to  be  made  to  Fire  Committee .  315 

reports  of  companies  to  be  submitted  monthly  and  quarterly  by  secre¬ 
tary  to  Fire  Committee .  316 

riding  on  apparatus  on  duty  by  other  than  firemen  prohibited .  317 

roll  call,  copy  of,  when  to  be  sent  by  secretary  of  company .  316 

rules  and  regulations,  how  altered  and  amended .  319 

secretary  of  company  to  report  to  Fire  Committee  names  of  officers 

elected  . 314 

senior  engineer  in  absence  of  Chief  Engineer  to  act  as  Chief .  315 

transfers  of  members,  how  made . 314 

use  of  apparatus  to  be  regulated  by  Fire  Committee .  312 

volunteers,  when  paid  .  24 


FIRE  HYDRANTS. 

rental  tax  to  be  laid  for .  25 

Statutes. 

expense  of,  L.  1903,  Ch.  138 .  22 


FIRE  LIMITS. 

power  to  establish  . 

Ordinances  oe  Montclair. 

buildings  of  inflammable  materials  not  to  be  erected  within 

established  . . 

fires  within  yards  within,  forbidden . 

penalty  for  violation  of  ordinance . 

Statutes. 

L.  1902,  Ch.  222 . 

L.  1905,  Ch.  185 . 

FIREMEN. 

appointment  and  removal  of,  may  be  provided  for  by  ordinance 

exemptions  of  . 

Statutes. 

annual  allowance  to  volunteer,  L.  1905,  Ch.  175 . 

exempt,  L.  1902,  Ch.  101 . 


22 


211 

211 

238 

214 


61 

69 


.  21 

.  21 


24 


INDEX. 


347 


FIRES. 


PAGE 


bonds  may  be  issued  for  rebuilding  buildings  destroyed  by .  87 

manufactures  dangerous  in  promoting,  may  be  regulated  or  prohibited  by 

ordinances  .  19 

water  for  extinguishment  of,  may  be  provided  for,  by  taxation .  25,  86 


Ordinances  of  Montclair. 


open  lots,  within  fire  limits,  must  not  be  kindled  in . .  238 

permits  for  .  238 

streets,  must  not  be  kindled  in .  238 

FIRE  WARDEN. 

Statutes. 


L.  1907,  Ch.  9 .  22 

FIREWORKS. 

control  of  .  22 

ordinances  may  regulate  or  prohibit  manufacture  of .  19 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

FISCAL  YEAR. 

interest  on  bonded  debt  accruing  during,  how  met .  38 

unexpended  balances  at  end  of,  how  disposed  of .  38 

when  to  commence  .  13,  38 

Statutes. 

act  establishing,  L.  1905,  Ch.  178 .  13,  14,  17 


FLAGGING. 

owners  may  be  required  by  ordinance  to  keep,  in  repair .  26 

proceedings  for  .  26 

street  may  be  flagged,  how .  32 

Ordinances  of  Montclair. 

breaking  or  destroying  prohibited .  190 

snow  and  ice  to  be  removed  from .  102 


FLOWERS. 

Ordinances  of  Montclair. 

in  parks,  must  not  be  picked  or  destroyed .  204 

FOODS. 

Sanitary  Code  of  Board  of  Health,  regulations .  246 

FOREST  FIRES. 

Council  may  appoint  fire  marshal,  etc .  22 

FORESTRY. 

Statutes. 

power  of  municipalities,  L.  1906,  Ch.  136 .  22 

FRANCHISE. 

corporations  may  mortgage  .  84 

limit  of  donation  of  certain . . .  85 

may  be  mortgaged  by  certain  corporations .  84 

Ordinances  of  Montclair. 

Montclair  &  Bloomfield  Telephone  Company,  term  and  regulations  110,  120 

Montclair  Light  &  Power  Company,  term  and  regulations . .  104,  109 

New  York  &  New  Jersey  Telephone  Company,  term  and  regulations  121,  129 

North  Jersey  Street  Railway  Company,  term  and  regulations .  129,  160 

Statutes. 

in  streets,  procedure  and  length  of — 

L.  1906,  Ch.  36 .  84,  85,  90 


to  carry  freight  through  streets,  L.  1906,  Ch.  77 


348 


INDEX. 


PAGE 

FREE  PUBLIC  LIBRARIES,  See  LIBRARIES,  FREE  PUBLIC. 
FREEHOLDERS. 

chosen,  number  wards  may  elect .  4 

Commissioners  of  Assessment  to  be .  26 

Commissioners  of  Sinking  Fund  to  be .  59 

Council  to  appoint,  to  act  in  place  of  interested  Assessor .  56 

number  necessary  on  petition  for  incorporation .  22 

number  necessary  on  petition  for  street  improvement .  22 

ten,  may  petition  to  have  street  graded,  etc .  32 

vacancy,  how  filled  .  22 

FREIGHT. 

consents  to  street  railway  to  carry .  22 

FUNDS. 

raising  of,  by  municipality  to  replace  any  lost  through  failure  of  banks, 
authorized  .  95 


G 

GAMBLING. 

Ordinances  oe  Montclair. 

when  prohibited  .  184 

GAMING  HOUSES,  See  DISORDERLY  HOUSES. 

GARBAGE  AND  ASHES. 

appropriation  for  .  25 

Council  may  provide  for . ■ .  22 

Ordinances  of  Montclair. 

license  fee  to  remove,  etc .  244 

ordinance  providing  for  collection,  etc.,  of .  222 

Statutes. 

town  may  provide  for  collection,  etc.,  L.  1903,  Ch.  45 .  63 

GAS  LIGHT  CORPORATIONS. 

an  act  authorizing  formation  of,  and  regulating .  84 

GAS  PIPING. 

Sanitary  Code  of  Board  of  Health,  regulations  concerning .  268 

GASOLINE. 

Ordinances  of  Montclair. 

act  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

GIN,  See  EXCISE. 

GOOD  GOVERNMENT. 

Council  to  have  full  power  to  enact  ordinances  for .  25 

GOVERNMENT. 

of  towns  formed  under  similar  acts  to  continue .  41,  43 

GRADE  CROSSING,  See  BONDS. 

GRADE  CROSSINGS. 

Council  may  bond  town  for  (see  L.  1903,  p.  660) .  22 

GRADES. 

change  of  .  28 

fixing  and  establishing,  of  streets  authorized .  94 

GRADING. 

street  may  be  graded,  how .  32 


INDEX. 


349 


PACE 

GRASS,  See  SNOW  REMOVAL. 

removal  of,  by  owners  from  sidewalks  and  gutters  required .  94 

Ordinances  of  Montclair. 

cost  of  removal  from  sidewalks,  etc.,  by  town,  to  be  assessed .  195 

owners  required  to  remove .  194 

Statutes. 

act  to  compel  removal  from  sidewalks,  etc.,  L.  1904,  Ch.  125  .  66,  94 

GUN. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

GUNPOWDER,  See  FIREWORKS. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

GUTTERS. 

Council  may  require  owners  to  keep  in  repair .  26 

expense  of  repair  by  town  may  be  recovered  or  assessed .  26 

proceedings  for  .  32 

snow  and  ice,  ordinances  may  be  passed  to  provide  for  removal  from .  19 

streets  may  be  guttered,  how .  32 

Ordinances  of  Montclair. 

breaking  or  destroying,  forbidden .  187 

expense  of  repairs  by  town  to  be  assessed .  188 

grass  and  weeds  must  be  removed  from,  by  owner .  194 

owners  required  to  keep,  in  a  clean  and  orderly  condition .  190,  192 

removal  of  impediments,  cost  of,  assessed .  195 

rubbish  or  refuse  not  to  be  thrown  in .  190,  192 

snow  and  ice  required  to  be  removed  from .  102 

snow  and  ice  to  be  removed  at  expense  of  owner  defaulting .  19 

Statutes. 

act  to  provide  for  removal  of,  from  sidewalks,  etc.,  L-  1904,  Ch.  125... .  66 


H 

HACK  OWNERS  AND  DRIVERS,  See  CARTMEN. 
HACKMEN. 


Ordinances  of  Montclair. 

baggage,  amount  which  may  be  taken  by  passenger .  104,  206 

license  fee  .  205 

must  display  license  number .  206,  207 

prices  to  be  charged  by .  104,  206 

register  of,  to  be  kept  by  town .  206 

repeal  of,  act  adopted  October  7,  1895 .  208 

revocation  of  license  .  206 

HANDBILLS. 

Ordinances  of  Montclair. 

penalty  for  violation  of  ordinance .  121 

trees  and  poles,  not  to  be  attached  to .  120 

HAWKERS. 

ordinances  may  license  and  regulate .  20,  21 

Ordinances  of  Montclair. 

license  to  be  obtained  by....» .  214 


350 


INDEX. 


HAWKERS— Continued. 


PAGE 


license  to  be  carried  and  exhibited  on  demand .  215 

penalty  for  failure  .  215 

penalty  for  violation  of  ordinance .  215 


HEALTH,  BOARD  OF,  See  BOARD  OF  HEALTH. 
Statutes. 


inspectors,  sanitary,  L.  1903,  Ch.  215 .  86 

ordinances  of,  to  be  enforced  by  Recorder,  L-  1904,  Ch.  127 . .  54,  67 

HEALTH,  PUBLIC. 

act  to  provide  for  the  protection  of .  85 


HEALTH  INSPECTOR,  See  SANITARY  CODE  OF  BOARD  OF  HEALTH 
OF  MONTCLAIR. 

HIGHWAYS. 


Board  of  Assessors  to  make  assessments  for . . ..  55 

boundaries,  ascertaining  and  establishing  may  be  provided  for  by  ordinance  18 
encroachments,  etc.,  preventing  and  removing  from,  may  be  provided  for  by 

ordinance  .  18 

grades  of,  may  be  fixed  and  established .  94 

laying  out,  opening,  etc.,  may  be  provided  for  by  ordinance .  28 

regulating,  cleaning,  etc.,  money  may  be  raised  by  taxation .  25 

repairs,  money  for,  may  be  raised  by  taxation .  25 

vacating,  changing  grades,  etc.,  when  authorized .  95 

working,  amending,  etc.,  provided  for  where  forming  boundaries  between 

municipalities  .  90 

Ordinances  of  Montclair. 

bicycles  ridden  on,  when  to  have  lamps  lighted,  etc .  188 

Montclair  Light  &  Power  Company  authorized  to  use .  104 

Montclair  &  Bloomfield  Telephone  Company  authorized  to  use....  110,  157 

speed  of  driving  and  riding  on,  regulated .  188 

HORSE-RACING. 

ordinances  may  be  passed  to  prevent  and  punish .  19 

HOSPITAL. 

contributions  toward,  by  town .  22 

Ordinances  of  Montclair. 

when  must  have  fire  escapes .  291 


Statutes. 

contributions  to,  L.  1904,  Ch.  7 


22 


HOTELS. 

licenses  for  . 

HOUSE  CONNECTIONS  WITH  SEWER,  ETC. 

town  may  own  . 

Ordinances  of  Montclair. 

contractor  named  in  application  must  file  bond . 

cost  of,  to  be  borne  by  owner . 

owner  may  be  compelled  to  make . 

permit  necessary  . 

revocation  of  permit  . 

HOUSES. 

ordinances  may  be  passed  to  name  and  number . 

HOUSES  OF  ILL-FAME,  See  DISORDERLY  HOUSES. 
HUCKSTERS. 

ordinances  may  license  and  regulate . 

See  also  HAWKERS. 


20 


90 


..  203 
..  203 
..  202 
..  202 
..  203 

23,  60 


20,  21 


HYDRANTS, 
fire,  rental  for 


25 


INDEX. 


351 


PAGE 


ICE,  See  SNOW  AND  ICE;  See  SNOW  REMOVAL. 

Statutes. 

act  to  provide  for  removal  of,  from  sidewalks,  etc.,  L.  1904,  Ch.  125...  66 
IMMORALITY,  See  VICE  AND  IMMORALITY. 

IMPRISONMENT. 

persons  refusing  to  pay  certain  fines  to  be  subject  to .  15 

term  of,  for  violation  of  liquor  ordinance .  20 

Ordinances  of  Montclair. 

violation  of  liquor  ordinance .  238 

IMPROVEMENT  CERTIFICATES. 

bonds  may  be  issued  to  redeem .  38 

bonds  to  pay,  authorized .  92 

Council  may  issue  .  35 

INCENDIARISM. 

Ordinances  of  Montclair. 

amount  of  reward  .  214 

INCIDENTAL,  FUND. 

license  fees  to  be  paid  into . .  39 

Ordinances  of  Montclair. 

money  to  be  drawn  from,  to  provide  for  contingent  expenses  of  town 

officers  .  182 

INCORPORATION  OF  TOWNS. 

affirmative  votes,  what  counted  as .  2 

corporate  name  .  1 

improvements  and  assessments  pending  at  time  of,  to  be  proceeded  with...  41 

incorporated  after  filing  certificate .  3 

notice,  how  given  for  special  election .  1 

notice  for  general  election .  2 

INDEBTEDNESS. 

funding  of  floating,  authorized .  94 

INFLAMMABLE  MATERIALS,  See  FIREWORKS. 

Ordinances  of  Montclair. 

ordinance  to  prevent  accumulation  of .  219 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

INHABITANTS. 

number  necessary  to  incorporate  a  town .  1 

number  of  policemen  to .  24 

INJUNCTION. 

assessment  for  improvement,  when  not  to  be  set  aside  by .  36 

ordinance  for  improvement,  when  not  to  be  set  aside  by .  36 

INNS. 

ordinances  may  regulate,  license  or  prohibit .  20 

Ordinances  of  Montclair. 

applications  for  license,  how  made .  232 

bond  to  accompany  application  for .  232 

fee  for  license  .  235 

license  must  be  displayed .  236 

license  necessary  before  keeping .  231 

license  void,  when  .  238 

notice  of  application  for  license  to  be  published .  234 

sale  to  policeman  or  fireman  forbidden .  238 

Sunday  selling  forbidden  .  236 

transfer  of  license  .  236 

sureties  not  eligible  for  other  applications  the  same  year .  234 


352 


INDEX. 


PAGE 

INSPECTOR  OF  SEWER  AND  STREET  IMPROVEMENT. 

appointed  by  Council  .  34 

INSPECTORS. 

sanitary,  must  be  licensed .  86 

Ordinances  of  Montclair. 

have  right  to  enter  buildings .  203 

may  be  appointed  by  Commissioner  on  Roads  and  Sewers .  202 

of  buildings,  records  to  be  kept  by .  278 

report  by  .  276 

to  inspect  every  six  months  .  292 

to  inspect  public  buildings  .  303 

to  require  notice  on  fire  escapes .  292 

of  hacks,  etc .  207 

INTEREST,  See  also  BONDS. 

amount  to  be  raised  for  payment  of .  38 

moneys  for  payment  of,  on  debt  of  town  may  be  raised  by  taxation .  25 

rate  on  bonds  for  improvements,  etc . 38 

rate  on  taxes  and  assessments .  39 

rate  on  bonds  and  sewers .  45 


J 

JOINT  MUNICIPAL  ACTION. 

boundary  streets  .  23 

roads  . * .  21 

sewers  .  23 

JUDGMENTS. 

bonds  to  pay,  authorized .  92 

bonds  may  be  issued  to  pay,  against  town .  38 

Recorder  may  give,  in  what  cases .  14 

reversal  of  Recorder’s,  to  be  only  for  prejudicial  error .  16 

JULY,  FOURTH  OF. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  discharge  of  firearms,  etc.,  except  on  219 
JUNKDEALERS. 

licenses  for  .  20 

Ordinances  of  Montclair. 

book  of  purchases,  shall  keep .  198 

fee  for  license  .  99 

licenses  subject  to  regulation  by  Council .  100 

prosecutions  for  violations,  before  whom . 100 

term  of  license  .  99 

JUNK  SHOP  KEEPERS. 

ordinances  may  license  and  regulate .  20 

JURISDICTION. 

of  Recorder  .  14 

JURY. 

when  used  in  trial  before  Recorder .  15 

JUSTICES  OF  THE  PEACE. 

named  as  officers  of  town . 4 

Recorder  may  designate,  to  act  as  substitutes .  53 

powers  of  .  54 


INDEX. 


353 


PAGE 

K 

KEROSENE,  See  FIREWORKS. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

L 

LABORERS,  See  MECHANICS  AND  LABORERS. 

LAMP  POSTS. 

Ordinances  of  Montclair. 

breaking  or  destroying,  on  street,  prohibited .  188 

LAMPS. 

on  vehicles,  Council  may  require .  22 

Ordinances  of  Montclair. 

bicycle  riders  to  carry  lighted .  188 

Montclair  Light  &  Power  Co.,  regulations  concerning .  107 

LANDS. 

drainage  of,  where  unimproved  tracts  intervene  between  towns  and  tidewater  86 

ordinances  may  provide  for  appropriating,  for  streets  and  sewers .  27 

purchase  of,  for  erection  of  engine  houses,  etc.,  authorized .  95 

sale  of,  subjected  to  future  taxation  and  assessments .  92 

swamps,  act  to  authorize  corporate  authorities  to  drain .  85 

Ordinances  of  Montclair. 

owners  to  remove  grass  and  weeds  from  sidewalks  and  gutters .  194 

LANES,  See  ALLEYS. 

LAWN. 

town  may  maintain  strip  of,  along  street .  22 

LAWS. 

general,  heretofore  passed,  applicable  to  towns  formed  under  act .  40 

passed  before  incorporation,  to  have  full  effect  in  newly  incorporated 

town  .  .  40,  44 

LIBRARIES,  FREE  PUBLIC. 

gifts  of  .  22 

additional  sums  may  be  raised  by  taxation  for  use  of . .  96 

establishment  of,  authorized  .  85 

Statutes. 

power  to  accept  additional  gift  of,  L-  1902,  Chs.  88,  230 .  85 

general  act,  L.  1905,  Ch.  150 .  85,  95 

LICENSES. 

conditions  to  he  printed  on .  20 

money  received  from,  disposition  of .  39 

ordinances  may  prescribe  terms  for  liquor .  20 

sanitary  inspectors  .  86 

what  valid  .  21 

Ordinances  of  Montclair. 

continues  in  force  until  expiration,  unless  sooner  suspended  or  revoked  208 

dogs,  regulations  .  208 

hawkers  and  peddlers,  regulations .  214 

inns,  regulations  .  231 

junk  dealers  required  to  obtain .  98 

liquor  selling  .  231 

number  of,  must  be  displayed  on  passenger  vehicle .  206 


354 


INDEX. 


PAGE 

LICENSES— Continued. 

number  of,  must  be  on  driver’s  hat .  207 

passenger  vehicles  must  have .  205 

regulating  and  prohibiting  discharge  of  firearms,  etc.,  except  with .  219 

shows,  etc.,  required  to  obtain . .  193 

LIEN. 

act  relating  to  official  searches  and  certificates .  93 

arrearages  of  taxes,  assessments  and  water  rents .  92 

expenses  of  sidewalk  repair  by  Council  to  be .  26 

Ordinances  of  Montclair. 

expense  of  repairs  by  Council  to  sidewalks,  etc.,  to  be  a .  101 

expense  of  removing  snow  and  ice  by  Council,  a .  103 

expense  of  removing  grass  and  weeds  by  Superintendent  of  Streets,  a. .  195 

LIQUOR,  See  EXCISE. 

Statutes. 

applicant  for  license  must  be  resident  one  year,  L-  1907,  Ch.  255 .  75 

license  fee  for  dealing  in  quantities  of,  L.  1908,  Ch.  146 .  78 

lodging  houses,  licenses  for .  20 

LOCOMOTIVES. 

ordinances  may  regulate  the  speed  and  running  of .  19 

LOTS. 

ordinances  may  be  passed  to  name  and  number .  18 

Ordinances  of  Montclair. 

owners  of,  to  remove  grass  and  weeds  from  sidewalks  and  gutters 
after  notice  .  194 


M 

MACADAMIZING. 

street  may  be  macadamized,  how .  32 

MANUFACTURES. 

ordinances  may  regulate  or  prohibit  dangerous .  19 

MAPS. 

assessment,  ordinances  may  be  passed  to  make  and  adopt .  18 

Commissioners  of  Assessment  to  make .  29,  36,  52 

Ordinances  of  Montclair. 

North  Jersey  Street  Railway  Company,  ordinances,  part  of .  147,  171 

MARINES,  See  SOLDIERS,  SAILORS  AND  MARINES. 

MAYOR. 

Board  of  Health  to  be  nominated  by .  97 

Chairman  of  Council  .  17 

how  elected  .  5 

meetings  of  Council,  may  call .  17 

new  election,  when  necessary .  8 

salary,  maximum  .  12 

term  of  office .  16 

town  office  .  4 

Statutes. 

act  establishing  office  of,  L-  1905,  Ch.  164 .  68 

Board  of  Assessors,  two  members  to  be  nominated,  L.  1899,  Ch.  107... .  54 

Commissioners  of  Sinking  Fund  appointed  by,  L.  1901,  Ch.  158 .  58 

MEADOWS. 

act  to  authorize  corporate  authorities  to  drain .  85 

MECHANICS  AND  LABORERS. 

employment  of  alien,  on  public  works  prohibited .  95 


INDEX. 


355 


PAGE 

MEDICINAL  PREPARATIONS. 

regulations  of  sale,  etc .  23 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  distribution  of .  8 

Statutes. 

act  concerning  distribution,  etc.,  L.  1904,  Ch.  88 .  66 

MEETINGS. 

Council,  regular  and  special .  17 

MENDICANTS,  See  TRAMPS,  ETC. 

MILEAGE. 

fees  to  be  charged  by  certain  officers .  84 

fees  to  go  to  county .  84 

MILK. 

Sanitary  Code  of  Board  of  Health,  regulations .  247 

MINORS. 

Ordinances  of  Montclair. 

firearms  discharged  by,  prohibited .  187 

must  not  frequent  saloons .  236 

MONEY. 

act  providing,  for  purchase  of  turnpike  road .  94 

amounts  received  on  redemption  of  lands  and  arrears,  how  apportioned...  38 

amounts  to  be  raised  annually .  38 

bonds  may  be  issued  to  raise,  for  certain  purposes .  38 

bonds  may  be  issued  to  pay  bonds,  improvement  certificates  and  judgments.  92 

bonds  may  be  issued  to  raise,  to  pay  for  interest  in  outlet  sewer .  95 

Commissioners  of  Sinking  Fund  to  be  custodian  of  certain .  59 

Council,  when  authorized  to  borrow .  26 

deposits,  when  to  accompany  petitions  for  improvements .  28,  33 

ordinances  may  provide  for  raising,  by  taxation .  25 

towns  may  borrow,  in  anticipation  of  taxes  and  assessments .  93 

towns  may  borrow,  to  advance  to  Board  of  Education .  95 

unexpended  balances  at  close  of  fiscal  year,  how  disposed  of .  38 

MONTCLAIR,  ORDINANCES  OF,  See  ORDINANCES  OF  MONTCLAIR. 
MONTCLAIR  &  BLOOMFIELD  TELEPHONE  COMPANY. 

Ordinances  of  Montclair. 

acceptances  to  be  made  by .  110,  159 

bill  posting  or  hitching  to  poles  prohibited .  115 

conduits,  how  constructed  .  119 

Council  may  allow  other  wires  to  be  placed  on  poles  of .  117,  158 

distributing  poles,  how  placed .  158 

failure  to  operate,  effect .  118 

fire  alarm  telegraph  wires  may  be  attached  to  pole .  116 

franchise,  expiration  of  .  119 

notice  of  intention  to  apply  for  permit  to  open  streets  to  be  given  by..  118 

opening  of  streets  for  underground  wires,  regulations .  119 

ordinance,  when  may  be  revoked  or  annulled .  120 

permits  to  be  obtained  from  Superintendent  of  Roads .  116 

poles  already  erected  to  be  used  where  practicable  by .  116 

poles,  additional,  where  may  be  erected .  158 

rentals  per  month,  limit  of  rate .  119 

telephones,  three  to  be  furnished  town  free .  158 

telephones,  two  to  be  furnished  town  free .  116 

trees  not  to  be  removed  or  cut  without  permit .  116 

underground  system  provided  for .  158 

MONTCLAIR  LIGHT  &  POWER  COMPANY. 

Ordinances  of  Montclair. 

acceptance  to  be  made  by .  105 

advertising  not  to  be  allowed  on  poles  of .  105 


356 


INDEX. 


MONTCLAIR  UGHT  &  POWER  COMPANY— Continued. 

conditions  of  use  of  fire  alarm  poles  by .  108 

contract  must  be  entered  into  when  Council  desires .  107 

efficiency,  amount  to  be  maintained .  107 

franchise,  expiration  of  .  109 

house  wiring  and  connections,  how  regulated . .  107 

incandescent  lamps  must  be  furnished  when  Council  acts .  107 

penalty  for  violation  of  ordinance .  105 

plant  may  be  purchased  by  town .  108 

poles,  not  to  be  erected  without  consent  of  owners .  105 

poles,  form,  quality,  size,  etc.,  regulations .  106 

rental,  amount  to  be  paid  by  town  to .  107 

term  of  franchise  .  109 

MONUMENT,  SOLDIERS. 

contribution  to  .  25 

MORTGAGE. 

certain  corporations  may  include  franchise .  84 

MOSQUITOES. 

to  prevent  breeding  of .  23 

Statutes. 

town  may  appropriate  funds  to  suppress,  L.  1905,  Ch.  80 .  23 

MUNICIPAL  BUILDING,  BONDS  FOR,  See  BONDS. 

power  to  purchase  .  23 

vote  of  people  re  purchase  .  23 

Statutes. 

bonds  for  erection  of,  L-  1903,  Ch.  12 .  62,  95 


N 


NAME. 

corporate,  of  towns  .  1 

NEW  YORK  &  NEW  JERSEY  TELEPHONE  COMPANY. 

Ordinances  of  Montclair. 

company  to  indemnify  town  for  injuries  arising  from .  125 

consent  of  owners  to  be  obtained .  122 

construction  of  subways  and  conduits,  when  to  commence .  123 

cost  of  restoring  earth,  etc.,  caused  by  opening  street,  to  be  paid  by -  125 

Council  to  remove  wires  and  poles  on  default  of .  125 

fire  alarm,  telegraph  and  police  patrol  wires  to  use  company’s  conduits 

and  poles  .  126 

free  stations,  regulations  concerning .  126 

permit  to  be  obtained  from  Superintendent  of  Roads .  124 

posts  and  poles  erected  under  former  ordinance  may  be  maintained 

pending  placing  wires  underground . .  128 

repealer  of  former  ordinance .  129 

rights  of  company  not  exclusive .  125 

streets  and  pavements  to  be  restored  when  taken  up .  124 

subways,  abandoned,  to  belong  to  town .  126 

taxes  of  company,  amount . 126 

“town,”  what  to  include .  128 

NEWS-STANDS. 

licenses  for  . „ .  20 

NEWSPAPERS. 

notice  of  filing  report  of  Commissioners  of  Assessments  to  be  given  in....  29 

notices  of  election  for  incorporation  to  be  published  in .  1 


INDEX. 


357 


PAGE 


NEWSPAPERS— Continued. 

official,  may  be  designated  by  Council .  26 

ordinances  not  to  take  effect  until  published  in .  18 

petition  for  street  improvement  to  be  published  in .  32 

petition  for  drains  and  culverts  to  be  advertised  in .  51 

proposals  for  drains  and  culverts  to  be  advertised  in .  52 

NITROGLYCERINE,  See  FIREWORKS. 


Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

NORTH  JERSEY  STREET  RAILWAY  COMPANY. 


Ordinances  of  Montclair. 

arbitrators  to  be  chosen  if  adjustment  not  agreed  upon .  156,  181 

Bloomfield  Avenue  paving  specified .  147 

cars,  regulations  concerning  .  149,  177  178 

construction  to  be  approved  by  Council .  148,  172 

drivers  using  tracks  to  turn  out  on  warning .  151,  176 

excursion  ticket  rates  .  153,  176,  177 

fares  to  be  charged  by .  152,  176 

headway  of  cars  regulated .  153,  177 

motive  power,  when  to  be  changed .  154,  178 

overhead  wires  and  poles,  when  to  be  removed .  154,  178 

payment  on  purchase,  when  to  be  made .  155,  180 

penalty  for  obstructing  streets  and  cross  walks .  150,  174 

poles  and  wires  to  be  removed  when  motive  power  changed .  154 

re-adjustment,  how  made  .  155,  180 

road,  when  may  be  bought  by  town .  154,  179 

road,  price  to  be  paid  by  town .  154,  180 

salt  on  tracks,  regulations  concerning  use  of,  by .  150,  175 

school  children  ticket  rates .  153,  177 

speed  of  cars  regulated .  153,  177 

statement  of  cost  of  construction  to  be  filed  by .  155,  179 

term  of  franchise  .  154,  180 

Valley  Road,  paving  specified .  148,  172 


NOTICE. 

application  for  street  improvement  to  be  given .  32 

awards,  persons  dissatisfied  with  to  give .  32 

Clerk  to  publish,  of  filing  Commissioners’  report  on  improvement .  30 

Collector  to  give  .  40 

Council  to  publish,  calling  meeting  for  hearing  objections  to  work .  34 

election  for  incorporation  .  1 

filing  of  report  of  Commissioners  on  opening  street,  to  be  given .  29 

filing  of  report  of  Commissioners  of  Assessments  to  be  given .  30,  36 

hearing  of  objections  to  proceedings  for  sidewalks,  etc.,  initiated  by 

Council  .  51 

newspapers  in  which  official,  to  be  published  to  be  designated  by  Council.  . .  26 

proposed  drains  and  culverts,  to  be  given .  57 

publication  of,  in  sales  for  arrears  of  taxes  and  assessments .  87 

special  meeting  of  council  to  be  called  on .  17 

Ordinances  of  Montclair. 


application  for  license  for  inns,  to  be  given .  235 

Clerk  to  give  to  owners,  to  repair  sidewalks .  102 

hearing  on  charges  against  police  officer  to  be  served  on  accused .  222 

how  served  on  Montclair  &  Bloomfield  Telephone  Company .  116 


NUISANCES. 


See  also  HANDBILLS. 


defined  bv  Sanitary  Code  of  Board  of  Health  of  Montclair .  241 

penalty  for  creation  or  maintenance  of .  243 


358 


INDEX. 


P  A  r'Tf 

NUMBER. 

inhabitants  necessary  to  incorporate  town .  1 

freeholders  necessary  for  petition  for  incorporation .  1 

policemen  to  inhabitants  .  24 

property  owners  objecting  to  prevent  laying  out  streets . 30 

signers  necessary  to  petition  for  drains  and  culverts .  51 

signers  necessary  to  petition  for  sewer  construction .  34 

signers  necessary  to  petition  for  street  improvement .  32 


O 

OATH. 

Board  of  Assessors  .  56 

Commissioners  of  Assessment  .  27 

officers  to  take,  when  and  before  whom .  10 

OBLIGATIONS. 

town  responsible  for  its  predecessor’s .  4 

OFFICERS. 

appointed  by  whom  .  5 

Board  of  Assessors  may  be  created .  54 

Board  of  Canvassers  to  ascertain  votes  at  town  election  for .  7 

bonds  to  be  given  by .  10 

continue  in  office  until  end  of  term,  when  town  incorporated .  3 

Council  may  appoint  to  fill  offices  not  existing  before  incorporation .  4 

Council  may  appoint  additional .  5 

Council  may  require  new  surety  in  case  of  withdrawal  of  surety .  4 

Council  appointing  or  electing,  to  fill  vacancy  for  unexpired  term .  10 

Councilmen  not  to  become  security  for .  17 

duties  of  election  .  7 

fees  paid  to  certain,  disposition  of .  11 

governed  by  such  ordinances  as  Council  may  adopt .  12 

mileage  of  certain,  prescribed .  84 

names  of,  of  town .  4 

oath  of,  when  taken  and  before  whom .  10 

ordinances  may  be  passed  concerning,  for  what  purposes .  12 

process  of  Recorder  may  be  served  by  what .  15 

qualifications  of  .  9 

removal  from  town  vacates  office .  9 

removal,  how  affected  .  12 

removal,  opportunity  to  be  heard  must  be  given  before .  12 

residence  required  of  what .  9 

salaries  to  be  fixed  by  ordinance .  11 

salaries  not  to  be  changed  during  term .  11 

salaries,  limit  of,  in  certain  cases .  11 

statement  of  number  of  votes  for,  to  be  made  by  Board  of  Canvassers .  8 

surety  of,  not  to  be  discharged .  4 

surety  to  notify  Council  of  intention  to  withdraw .  4 

terms  not  determined  may  be  fixed  by  Council .  5 

terms  of  elected,  when  to  commence .  6 

terms  of  appointed,  when  to  commence .  6 

terms  to  continue  until  successors  qualify .  7 

terms,  at  expiration,  to  deliver  up  records,  etc .  11 

tie  vote,  Council  to  elect  one  of  tie  candidates .  8 

term  of  .  9,  38 

town,  when  elected  . . .  5 

vacancy  to  be  filled  by  Council  until  election .  9 

vacancy  to  be,  if  oath  is  not  taken  by .  10 

vacancy,  holding  another  office  to  cause .  11 


INDEX. 


359 


PAGE 

OFFICERS — Continued. 

wards  created  by  division  of  old,  act  providing  for .  91 

See  Officers  by  their  respective  titles. 

Rules. 

Fire  Department  .  312 

Statutes. 

L.  1902,  Ch.  171 .  5,  17 

terms  of,  L.  1905,  Ch.  3 .  5,  26 

term  extended,  L-  1906,  Ch.  61 . . . 

when  elected — 

L.  1906,  Ch.  3 .  5,  26 

1.  1905,  Ch.  192 .  5 

oath  of,  R.  1906,  Ch.  3 .  10 

Collector  to  collect  assessments  for  county  roads,  L.  1906,  Ch.  185 . 


v/U  11  U  L  l  v  1  jl  Idl  1  1  LvCl  V  C  odlcl  1  y  U 1 1 1  V  }  1  v ■  A  x  W /  ,  v.  1 1  •  •  •  • 

Town  Clerk’s  duty  re  elections,  L.  1906,  Ch.  234 . 

veterans  to  be  removed  only  for  cause,  L-  1907,  Ch.  14 
police  to  be  removed  only  for  cause,  L.  1907,  Ch.  24.  . 


Poormaster’s  duties,  L.  1907,  Ch.  186 . 

OMNIBUS  OWNERS  AND  DRIVERS,  See  CARTMEN. 

ORDINANCES. 

action  upon,  how  proved .  23 

animals  may  be  prevented  from  running  at  large,  impounded,  etc.,  by .  19 

arrest  for  violation  of,  when  may  be  made  by  Councilmen  and  policemen...  15 

assessment  maps  may  be  made  and  adopted  by .  18 

Assessor  to  perform  duties  required  by .  16 

Attorney  to  perform  duties  required  by .  16 

auctioneers,  etc.,  may  be  licensed  and  regulated  by .  20 

bicycles,  uniformity  of,  affecting .  87 

bicycles  may  be  left  as  security  on  arrest  for  violation  of .  92 

Board  of  Assessors  may  be  created  by .  54 

Board  of  Health,  establishing  Sanitary  Code .  241 

Boards  of  Health  may  regulate  scavengers  by .  92 

boundaries  of  streets,  etc.,  may  be  ascertained  and  established  by .  18 

buildings  liable  to  fall  or  dangerous,  removal  or  destruction  may  be  by .  19 

buildings  may  be  razed  and  demolished  according  to .  19 

cartmen,  etc.,  may  be  licensed  and  regulated  by .  20 

certified  copies  of,  from  Clerk  to  be  evidence .  12 

certiorari  not  to  be  allowed  to  set  aside  after  contract  let .  36 

Clerk’s  hours  to  be  prescribed  by .  12 

Collector,  additional  duties  may  be  prescribed  by .  13 

Commissioners  of  Assessment,  further  duties  may  be  prescribed  by .  60 

conviction  for  violation  of,  may  be  reviewed  by  appeal .  15 

Council  authorized  to  pass .  18 

Council  may  pass,  to  have  street  graded,  etc.,  when .  33 

Council,  when  to  pass .  18 

Councilman-at-large  to  perform  duties  required  by .  16 

disorderly,  gaming,  and  houses  of  ill-fame  may  be  restrained  and  sup¬ 
pressed  by  .  19 

dog  licensing  may  be  provided  for  by .  88 

dogs  running  at  large,  regulations,  etc.,  may  be  made  by .  19 

drains  and  culverts,  construction  to  be  provided  for  by .  51 

encroachments,  etc.,  on  streets,  etc.,  may  be  prevented  or  removed  by .  18 

enforcement  of  .  18 

finances  and  property  may  be  managed,  etc.,  by .  18 

firearms,  etc.,  use  and  carrying  of  may  be  regulated  and  prohibited  by .  20 

Fire  Department,  government  of,  may  be  provided  for  by .  21 

Fire  Department  may  be  provided  for,  established,  etc.,  by .  21 

Fire  Department,  supplies  and  payment  therefor,  may  be  provided  for  by.  .  21 


360 


INDEX. 


PAGE 

ORDINANCES— Continued. 

fireworks,  gunpowder,  etc.,  manufacture,  etc.,  may  be  regulated  or  prohib¬ 
ited  by  .  19 

frightening  animals  or  persons  may  be  prevented  or  prohibited  by .  19 

good  government  may  be  provided  for  by . 25 

horse  racing  and  immoderate  driving  may  be  prevented  and  punished  by....  19 

imprisonment  or  fine  for  violation  of .  15 

imprisonment,  when  fines  for  violation  of,  are  not  paid . .  21 

inns,  taverns,  etc.,  may  be  regulated,  licensed  or  prohibited  by .  20 

judgment  for  violation  of,  when  not  to  be  reversed .  16 

licenses  for  inns,  etc.,  terms  and  conditions  may  be  regulated  by .  20 

manufactures  dangerous  in  causing  fire  may  be  regulated  or  prohibited  by. .  19 

officers  to  be  governed  by .  12 

Overseer  of  the  Poor  to  perform  duties  required  by .  16 

passed  prior  to  incorporation  to  have  full  effect  in  incorporated  town .  42 

peddlers,  etc.,  may  be  licensed  and  regulated  by .  20 

penalty  for  violation  of,  may  be  fixed  by .  21 

police  may  be  provided  for,  established,  etc.,  by .  24 

Poundkeepers  to  perform  duties  required  by .  16 

pounds  may  be  established  and  regulated  by .  19 

proof  of  .  23 

public  peace  may  be  preserved  by .  19 

public  performances  or  exhibitions  for  money  may  be  regulated  or  pro¬ 
hibited  by  .  19 

purposes  for  which  may  be  passed .  18 

Recorder  to  issue  process  for  violation  of .  14 

riots,  etc.,  may  be  passed  to  prevent  and  quell .  19 

salary  of  Board  of  Assessors  to  be  prescribed  by .  55 

salaries  of  certain  officers  to  be  fixed  by .  11 

sewers,  building  and  construction  may  be  provided  by .  27 

sewers,  general  plan  may  be  provided  for  by .  27 

sewers,  main  or  trunk,  construction  to  be  provided  for,  by .  44 

sewers,  may  be  introduced  and  passed  at  same  stated  meeting  of  Council.  ..  28 

sewers,  taking  private  property  to  construct  to  be  provided  for  by .  34 

sidewalks  or  sewers,  when  may  be  provided  for,  without  petition,  by .  57 

snow  and  ice,  removal  may  be  provided  for  and  enforced  by .  19 

street  improvement,  significance  of  defeat  of .  33 

street  improvement,  to  be  published .  33 

street  railway  may  be  required  to  lay  and  confine  tracks  by .  24 

streets  adjoining  other  municipality,  use  may  be  regulated  by .  24 

streets,  etc.,  may  be  regu'ated,  etc.,  by .  18 

streets,  houses  and  lots  may  be  named  and  numbered  by .  18 

streets,  laying  out,  opening,  etc.,  may  be  provided  for  by .  28 

streets,  use  of  by  individuals,  vehicles,  etc.,  may  be  regulated  by .  18 

Surveyors  to  receive  compensation  as  prescribed  by .  16 

•  swimming  or  bathing  in  waters  of  or  bounding  town  may  be  regulated  or 

prohibited  by  .  19 

taxation  in  certain  cases  may  be  provided  for  by .  25 

town  hall,  etc.,  erection  may  be  provided  for  by .  20 

tramps,  vagrants,  etc.,  may  be  restrained  or  punished  by .  19 

trees,  planting  in  streets,  etc.,  to  be  regulated  by .  18 

violation  of,  punishable  by  imprisonment  when  fine  not  paid .  15 

votes  necessary  for  improving  streets  and  sewers .  18 

votes  necessary  to  pass  for  sewers,  etc .  27 

votes  necessary  to  pass  for  sewers  and  sidewalks  when  proceedings  initiated 

by  Council  .  57 

when  to  take  effect .  18 

ORDINANCES  OF  MONTCLAIR. 

Board  of  Assessors. 

assessments  not  to  be  affected  by  ordinance .  160 

created  .  159 

duties  of  .  160 


INDEX. 


361 


PAGE 

ORDINANCES  OF  MONTCLAIR— Continued. 

Board  of  Health. 

Mayor  to  nominate  .  97 

organization  of  .  97 

vacancies,  how  filled  . 98 

Broad  Tires. 

wagons  and  carts  to  use,  on  macadamized  streets .  184 

Contingent  Expenses. 

account  of,  to  be  kept  and  report  made  by  officers .  183 

Chief  of  Police,  amount  for .  183 

Clerk,  amount  for  .  183 

incidental  fund  to  supply  money  for .  182 

receipts  in  full  to  be  paid  over  to  Treasurer  by  officers .  183 

Superintendent  of  Roads,  amount  for .  183 

Dogs. 

fee  for  license . 208 

penalty  for  unlicensed  dogs  running  at  large .  209 

penalty  for  non-use  or  misuse  of  tags . .  209 

penalty  for  molesting  or  interfering  with  Warden .  210 

redemption  of,  by  owners,  regulations .  210 

Warden,  to  be  appointed  by  Council .  209 

Excise. 

application  for  license  to  be  made  in  writing .  233 

application  for  license  for  wholesaling  liquors .  233 

application  for  licenses  and  bonds,  when  to  be  filed .  238 

closing  and  opening  hours  of  saloons,  etc .  23 7 

druggists  may  sell  liquors  under  conditions . *. . . .  232 

hearing  on  application  for  license  to  be  held  by  Council .  235 

intemperate  or  drunken  not  to  be  sold  to .  236 

licenses  to  be  displayed .  236 

minors  not  to  be  sold  to . .  236 

notice  of  application  for  license  to  be  given .  234 

Sunday  closing  .  236 

Fire  Apparatus  and  Fire  Plugs. 

penalty  for  injuring  or  unlawfully  drawing  water .  103 

Fire  Department. 

composition  of  .  100 

Fire  Committee,  appointment  of,  etc .  101 

repealer  .  101 

Fire  Limits. 

established  .  211 

penalty  for  violation  of  ordinance .  214 

Grass  and  Weeds. 

cost  of  removal  from  sidewalks  to  be  assessed .  195 

HackmEn. 

baggage,  amount  which  may  be  taken  by  passengers .  104,  206 

prices  to  be  charged  by .  104,  206 

Handbills. 

streets  and  public  places,  not  to  be  thrown  on,  etc .  120 

Hawkers. 

license  to  be  obtained  by .  214 

license  to  be  carried  and  exhibited  on  demand .  215 

Incendiarism. 

reward  for  conviction  for .  214 

Inns. 

bond  to  accompanv  application  for  license .  232 

license  necessary  before  keeping .  231 

licenses  not  transferable  .  236 

sureties  not  eligible  for  other  applications  the  same  year .  234 


362 


INDEX. 


PAGE 

ORDINANCES  OF  MONTCLAIR— Continued. 

Junk  Dealers  . 

licenses  subject  to  regulations  by  Council . .  100 

prosecutions  for  violations,  before  whom .  100 

Montclair  and  Bloomfield  Telephone  Company. 

acceptance  to  be  made  by .  110,  159 

bill  posting  or  hitching  to  poles  prohibited . .  115 

conduits,  how  constructed .  119 

Council  may  allow  other  wires  to  be  placed  on  poles  of .  117,  158 

distributing  poles,  how  placed .  158 

failure  to  operate,  effect .  118 

fire  alarm  telegraph  wires  may  be  attached  to  pole .  116 

franchise,  expiration  of  .  119 

opening  of  streets  for  underground  wires,  regulations .  119 

ordinance  when  may  be  revoked  or  annulled .  120 

permits  to  be  obtained  from  Superintendent  of  Roads .  116 

poles,  regulations  concerning .  115,  158 

poles  already  erected  to  be  used  where  practicable  by .  116 

poles,  additional,  where  may  be  placed .  158 

rentals  per  month,  limit  of  rate .  119 

telephones,  two  to  be  furnished  town  free .  116 

telephones,  three  to  be  furnished  town  free .  158 

trees  not  to  be  removed  or  cut  without  permit .  116 

underground  system  provided  for .  158 

Montclair  Light  and  Power  Company. 

acceptance  to  be  made  by .  105 

advertising  not  to  be  allowed  on  poles  of .  105 

conditions  of  use  of  fire  alarm  poles  by .  108 

house  wiring  and  connections,  how  regulated .  107 

incandescent  lamps  must  be  furnished  when  Council  acts .  107 

plant  may  be  purchased  by  town .  108 

poles  not  to  be  erected  without- consent  of  owners .  105 

rental  to  be  paid  by  town  to .  107 

New  York  and  New  Jersey  Telephone  Company. 

company  to  indemnify  town  for  injuries  arising  from .  125 

consent  of  owners  to  be  obtained .  122 

Council  to  remove  wires  and  poles  on  default  of .  125 

fire  alarm,  telegraph  and  police  patrol  wires  to  use  company’s  conduits 

and  poles  .  126 

free  stations,  regulations  concerning .  128 

permit  to  be  obtained  from  Superintendent  of  Roads .  124 

posts  and  poles  erected  under  former  ordinance  may  be  maintained 

pending  placing  wires  underground .  128 

repealer  of  former  ordinance .  129 

rights  of  company  not  exclusive .  125 

streets  and  pavements  to  be  restored  when  taken  up . _. .  124 

subways,  abandoned,  to  belong  to  town .  126 

taxes  of  company,  amount .  126 

“town,”  what  to  include .  128 

North  Jersey  Street  Railway  Company. 

arbitrators  to  be  chosen  if  adjustment  not  agreed  upon .  156,  181 

Bloomfield  Avenue  paving  specified .  147 

cars,  regulations  concerning  .  149,  177,  178 

construction  to  be  approved  by  Council .  148,  172 

drivers  using  tracks  to  turn  out  on  warning .  151,  176 

excursion  ticket  rates .  153,  176,  177 

fares  to  be  charged  by .  152,  176 

headway  of  cars  regulated .  153,  177 

motive  power,  when  to  be  changed .  154,  178 

overhead  wires  and  poles,  when  to  be  removed .  154,  178 


INDEX . 


363 


PAGE 

ORDINANCES  OF  MONTCLAIR— Continued. 

payment  on  purchase,  when  to  be  made .  155,  180 

penalty  for  obstructing  streets  and  cross  walks .  150,  174 

readjustment,  how  made .  155,  180 

recital  of  petition  and  route  described  and  notice .  131 

recital  of  hearing  of  objections  and  consideration .  133 

recital  of  petition  and  route  on  Valley  Road .  132 

recital  of  petition  for  single  track  railway .  160 

recital  of  publication  of  hearing .  132,  161 

right  of  way  over  tracks,  cars  to  have .  151,  176 

road,  when  may  be  bought  by  town .  154,  179 

road,  price  to  be  paid  by  town . 154,  179 

road,  notice  to  be  given  of  intention  of  town  to  buy .  155,  180 

salt  on  tracks,  regulations  concerning  use  of  by .  115,  175 

school  children  ticket  rates .  153,  177 

sidings  and  turnouts,  regulations  concerning .  146,  170,  172 

snow,  ice,  etc.,  regulations  concerning .  150,  174 

speed  of  cars  regulated .  153,  177 

sprinkling  on  tracks  and  roadbed  to  be  done  by .  149,  173 

statement  of  cost  of  construction  to  be  filled  by .  155,  179 

stops  to  be  made  before  crossing  intersecting  tracks .  153,  178 

term  of  franchise  .  154,  179 

town  to  be  indemnified  by,  for  damages  from  accident .  149,  173 

tracks  to  be  located  as  shown  on  map .  147,  171 

tracks,  location  regulated  .  148,  171 

tracks  passing  over  culverts  or  gutters,  supports  to  be  provided  for  150,  174 

tracks  and  gauges  regulated .  134,  163 

Valley  Road,  courses  and  distances  of  centre  line  defined .  138,  146 

Valley  Road,  sidings  and  turnouts  on  single  track  railway,  how  located.  146 

wires,  regulations  concerning  .  147,  171 

works  to  be  protected  to  prevent  accident .  149,  173 

Overseer  of  the  Poor. 

books  of  account  to  be  kept  by .  109 

Poeice. 

arrests  may  be  made  without  warrant  by .  223 

chancemen,  number  of  .  222 

charges  against  officers,  proceedings  on .  222 

Chief  to  be  appointed  by  Council .  222 

Committee  on,  duties  of  .  222 

patrolmen,  number  of  .  222 

prisoners  to  be  taken  before  Recorder  by .  223 

term  of  office  of .  222 

uniforms  to  be  supplied  by  town .  223 

Rubbish. 

penalty  for  violation  of  ordinance .  191 

Searches  and  Certificates. 

Collector  to  issue  certificates  as  to  liens .  183 

Shows. 

charitable  entertainments  exempt  from  tax .  193 

license  must  be  obtained  before  exhibition .  193 

Sidewalks,  Curbs  and  Gutters. 

Clerk  to  give  notice  to  owners  to  repair .  102 

cost  of  repairs  by  Council  a  lien  on  property  and  assessable .  101 

Snow  and  Ice. 

banks  and  mounds  not  to  be  formed  by  removal  of .  102 

owners  failing  to  remove,  Council  to  do  so .  103 

removal  not  necessary  on  unpaved  sidewalks .  102 


364 


INDEX. 


PAGE 

ORDINANCES  OF  MONTCLAIR— Continued. 

Streets,  Sidewalks  and  Public  Grounds. 

areaway  or  cellar  opening,  etc.,  over  street,  regulations . .  190 

ball  games  not  to  be  played  in  street .  190 

bay  windows,  etc.,  extending  into,  prohibited .  189 

bells,  on  bicycles,  etc.,  when  required .  189 

breaking  or  injuring  lamp  post  or  appurtenances  in  street  prohibited...  188 

breaking,  injuring  and  destroying  curbs,  gutters,  etc.,  prohibited .  190 

children’s  carriages,  etc.,  may  be  ridden  on  sidewalks .  189 

coasting  on  sleds  prohibited,  except  as  Council  may  designate .  190 

Council  may  grant  permit  for  posts,  signs,  awnings,  etc.,  on  or  over.  .. .  189 

encumbering  or  obstructing  without  permit  prohibited .  187 

lamps  on  bicycles,  etc.,  when  required .  188 

penalty  for  placing  posts,  signs,  awnings,  etc.,  on  or  over .  189 

speed  of  horses,  vehicles,  etc.,  regulated .  188 

suits  to  be  brought  before  Recorder .  191 

throwing  or  placing  anything  so  that  it  obstructs  use  of,  prohibited...  187 
Superintendent  of  Roads  and  Sewers. 

appointed  by  Council,  etc .  182 

Trees. 

animals  not  to  be  hitched  to,  on  streets .  191 

penalty  for  violation  of  ordinance .  191 

Vice  and  Immorality. 

aiders  and  abettors  of  violation  to  be  liable .  185 

slot  machines  prohibited  .  185 

Weapons. 

notice  of  revoking  permit  to  carry,  how  given .  186 

use  of  gun,  pistol,  etc.,  on  street  or  public  place  prohibited .  187 

OVERSEER  OF  THE  POOR. 

an  officer  of  town .  4 

duties  of  .  6 

salary  to  be  fixed  by  Council .  11 

Ordinances  of  Montclair. 

books  of  account  to  be  kept  by .  109 


P 

PACKING  BOXES. 

Ordinances  of  Montclair. 

ordinance  to  prevent  accumulation  of .  219 

PARKS,  See  also  BONDS. 

ordinances  may  be  passed  to  regulate  the  planting  of  shade  trees  in .  18 

Ordinances  of  Montclair. 

bicycles,  etc.,  in,  when  required  to  have  lamps .  188 

bicycles,  etc.,  in,  required  to  have  bell .  189 

destroying  trees  in,  prohibited .  204 

excavations  in,  forbidden  .  187 

picking  flowers  in,  prohibited .  204 

rubbish  must  not  be  thrown  in. .  189 

speed  of  driving  or  riding  in,  regulated .  188 

Statutes. 

condemnation  for,  L.  1906,  Ch.  269 .  23 

establishment  of,  L.  1904,  Ch.  37 .  23 


INDEX. 


365 


PAGE 

PARKS — Continued. 

maintenance  of,  L.  1908,  Ch.  104 .  23 

procedure  to  condemn  lands  for,  L-  1906,  Ch.  263 . 

power  to  lay  out,  L.  1904,  Ch.  37 .  64 

L.  1908,  Ch.  104 .  77 

PAVEMENT. 

Ordinances  of  Montclair. 

removing,  etc.,  prohibited  .  187 

where  to  be  laid  and  where  to  be  removed  and  relaid  by  North  Jersey 
Street  Railway  Company  .  147,  148,  172 

PAVING. 

street  may  be  paved,  how .  32 

PAWNBROKERS. 

ordinances  may  license  and  regulate .  20 

PEACE,  PUBLIC,  See  PUBLIC  PEACE. 

PEDDLERS. 

ordinances  may  license  and  regulate .  20,  21 

Ordinances  of  Montclair. 

license  fee,  amount  of .  215 

See  also  HAWKERS. 

penalty. 

streets  bordering  on  other  municipality,  violation  of  ordinance  respecting  24 
Ordinances  of  Montclair. 

attaching  handbills,  etc.,  prohibited .  121 

failure  to  remove  snow  and  ice .  103 

injuring  fire  apparatus  or  drawing  water  from  fire  plug .  103 

violation  of  broad  tire  ordinance .  184 

violation  of  junkmen’s  ordinance .  100 

violation  of  Montclair  Light  &  Power  Company  ordinance .  105 

violation  of  ordinance  relating  to  hawkers  and  peddlers .  216 

violation  of  ordinance  against  carrying  concealed  weapons .  187 

violation  of  ordinance  regulating  use  of  streets,  etc .  191 

violation  of  ordinance  to  prevent  injury  by  animals  to  trees,  etc .  191 

violation  of  ordinance  to  prevent  throwing  of  rubbish .  192 

violation  of  ordinance  respecting  licenses  for  shows,  etc .  193 

violation  of  ordinance  for  removal  of  grass  and  weeds .  194 

violation  of  ordinance  regulating  inns  and  sale  of  liquors .  237 

violation  of  ordinance  for  licensing  dogs .  209 

violation  of  ordinance  establishing  fire  limits .  214 

violation  of  Sanitary  Code  of  Board  of  Health — 

243,  245,  246,  248,  252,  255,  256,  257,  258,  268,  270 

violation  of  vice  and  immorality  ordinance . . .  185 

PENSIONS. 

Civil  War  veterans,  L.  1906,  Ch.  252 .  23 

policeman,  L.  1906,  Ch.  299  .  23 

widow  of  veteran,  L.  1907,  Ch.  16 .  23 

PERFORMANCES,  PUBLIC. 

ordinances  may  regulate  or  prohibit .  193 

See  also  SHOWS. 

PETITION. 

drains  and  culverts,  number  of  signers  necessary .  51 

sewer  construction,  number  of  signers  necessary .  34 

sewers  and  sidewalks,  not  necessary  where  proceedings  initiated  by  Council.  57 

street  improvement,  number  of  signers  necessary .  32 

streets,  laying  out,  etc.,  number  of  signers  necessary .  28 

streets,  to  have  graded,  etc .  32 


366 


INDEX. 


petroleum. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of . . . 227 

PIPES. 

streets,  in  to  be  designated .  26 

PISTOL. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

PLAYS,  See  SHOWS. 

PLUMBING. 

Sanitary  Code  Board  of  Health  regulations .  242 

POLES. 

Ordinances  of  Montclair. 

attaching  handbills,  etc.,  to,  prohibited .  120 

regulations  concerning  use  of,  by  Montclair  Light  &  Power  Co...  105,  106 
regulations  concerning  use  of,  by  Montclair  &  Bloomfield  Telephone 


regulations  concerning  use  of,  by  New  York  &  New  Jersey  Telephone 


regulations  concerning  use  of,  by  North  Jersey  Street  Railway  Co.. 146,  170 
POLICE,  CHIEF  OF. 

an  office  of  the  town .  4 

salary  to  be  fixed  by  Council .  11 

Ordinances  of  Montclair. 

appointed  by  Council  .  222 

contingent  expenses  provided  for .  182 

permit  for  carrying  concealed  weapons  may  be  granted  and  revoked  by  186 
permits  to  ride  bicycles,  etc.,  at  any  rate  of  speed  may  be  granted  by...  189 
term  of  .  222 

See  also  POLICEMEN. 

POLICE  DEPARTMENT. 

ordinances  may  provide  for,  establish,  etc .  24 

ordinances  may  provide  for  erecting  station  houses,  etc .  20 

Ordinances  of  Montclair. 

arrest  may  be  without  warrant  by  policemen .  223 

chancemen,  number  of  .  222 

charges  to  be  heard  and  determined  by  Council .  222 

Committee  on,  duties  .  222 

patrolmen,  number  of  .  222 

prisoners  to  be  taken  before  Recorder .  223 

uniforms  to  be  supplied  by  town .  223 

officers  to  constantly  patrol  beats .  190 

officers  deemed  negligent,  carelessly  losing  shield  or  not  reporting  loss.  191 

officers  to  hold  office  during  good  behavior  only . .  191 

policemen  prohibited  from  walking  or  talking  together .  190 

political  clubs,  etc.,  officers  not  to  belong  to .  187 

political  contributions  not  to  be  solicited  or  made .  187 

presents,  fees,  gifts,  etc.,  not  to  be  received  without  consent  of  Council  186 

prompt  obedience  required  .  185 

punctual  attendance  required  . 185 

record  of  orders  of  Chief  to  be  kept  at  station  house .  191 

record  of  suspicious  persons  and  places  to  be  kept  at  station  house....  191 
record  of  reported  crimes  and  misdemeanors  for  which  no  arrest  made 
to  be  kept  at  station  house .  191 


INDEX. 


36  7 


PAGE 


POLICE  DEPARTMENT— Continued. 

record  of  suspected  houses  of  prostitution,  gambling  houses,  etc.,  to  be 

kept  at  station  house .  191 

records  of  fires  to  be  kept  at  station  house .  191 

rules  to  be  furnished  to  members  of  force  to  learn .  187 

saluting  required  .  186,  187 

Sergeant  of  Police  to  act  for  Chief  in  illness  or  absence  of  Chief .  189 

Sergeant  to  report  to  Chief  dereliction  of  duty  of  members .  189 

services  of  officers  may  be  required  at  any  time .  185 

shields,  where  and  by  whom  to  be  worn .  186 

sickness,  officers  to  notify  Chief  and  procure  doctor’s  certificate .  187 

smoking  by  members  on  duty  not  allowed .  186 

station  house  officer  to  enter  name  of  arrest,  time,  offense,  etc .  191 

station  houses,  persons  not  on  business  not  to  remain  in  without  per¬ 
mission  .  191 

suspended  or  resigning  officers  to  surrender  book  of  rules,  shield,  etc.  .  187 

umbrellas  or  walking  canes  not  to  be  used  by  officers  on  duty .  191 

uniforms  to  be  worn  except  when  Committee  on  Police  allow  citizen’s 

dress  .  187 

uniforms  to  be  designated  by  Police  Committee .  191 

warrants,  officers  not  to  apply  for .  186 

See  also  POLICE,  CHIEF  OF;  POLICEMEN. 

POLICEMEN. 

arrest  by,  may  be  without  warrant .  15 

number  per  capita  .  24 

pension  .  23 

process  of  Recorder  may  be  served  by .  16 

process,  when  may  be  executed  by,  in  adjoining  municipality .  24 

removal  of,  for  what .  24 

salaries  to  be  fixed  by  Council .  11 

Ordinances  of  Montclair. 

arrest  may  be  without  warrant  by .  223 

chancemen,  number  of  .  222 

patrolmen,  number  of  .  222 

See  also  POLICE  DEPARTMENT. 

POOR. 

money  for  relief  of,  may  be  provided  by  taxation .  25 


POOR,  OVERSEER  OF,  See  OVERSEER  OF  THE  POOR. 
PORCH,  See  AWNINGS. 

PORTER,  See  EXCISE. 

PORTERS,  See  CARTMEN. 

POST,  See  AWNINGS. 

POUNDKEEPERS. 


appointed  by  Council  .  4,  16 

salaries  to  be  fixed  by  Council .  11 

POUNDS. 

ordinances  may  establish  and  regulate .  19 

POWERS. 

Statutes. 

ashes  and  garbage  collection,  L.  1903,  Ch.  45 .  25,  63 

numbering  of  buildings,  L-  1902,  Ch.  187 .  23,  60 

medicinal  preparations,  control  of,  L.  1904,  Ch.  88 .  23,  66 

forest  fires,  L.  1902,  Ch.  139 .  22 

amendment  to  Section  52,  Town  Act,  L.  1902,  Ch.  123 .  25 

wagons  and  lights  thereon,  L.  1902,  Ch.  223 .  22 

engine  houses,  erection  of  and  bonds  therefor,  L.  1903,  Ch.  12 .  22,  95 

to  sell  unsalable  lands,  L.  1903,  Ch.  Ill .  23 

to  pay  part  of  cost  of  county  roads,  L-  1903,  Ch.  97 .  21 


368 


INDEX. 


POWERS — Continued. 

to  consent  to  laying  of  water  pipes  in  streets,  L.  1903,  Ch.  154 .  26,  91 

to  contribute  to  hospital,  L-  1904,  Ch.  7 .  22 

to  vacate  public  easements  in  lands,  L-  1904,  Ch.  205 .  21,  34 

to  institute  proceedings  for  improvements  by  unanimous  vote, 

L.  1904,  Ch.  131 .  28,  34,  57 

to  consent  to  location  of  cemeteries, 

L.  1904,  Ch.  249 . 

L.  1905,  Ch.  64 . 


to  require  removal  of  snow  and  weeds  from  streets,  L-  1904,  Ch.  125.  23,  66 


to  issue  bonds  re  grade  crossing  abolition,  L.  1904,  Ch.  209 .  22 

to  lay  out  parks,  L-  1904,  Ch'.  37 . . .  23,  69 

to  fill  vacancy  in  Board  of  Freeholders,  L-  1904,  Ch.  155 . 

to  fill  vacancy  in  all  elective  offices — 

L.  1905,  Ch.  3 .  5,  26 

L.  1905,  Ch.  13 .  9,  26 

re  fire  limits,  L.  1902,  Ch.  222;  L.  1905,  Ch.  185 .  22 

to  license  vehicles,  auctioneers,  peddlers,  etc.,  L.  1905,  Ch.  197 .  21 

to  build  house  connections  with  sewers,  L.  1905,  Ch.  23 .  48,  50,  90 

to  pay  one-tenth  expense  of  soldiers’  monument,  E.  1905,  Ch.  71 .  25 

to  construct  sewerage  disposal  plant,  L-  1905,  Ch.  77 .  92 

to  maintain  strip  of  lawn  along  edge  of  street,  L.  1905,  Ch.  112 .  22 

to  pay  volunteer  firemen,  L.  1905,  Ch.  175 .  24 

to  request  Freeholders  to  lay  out  county  road,  L.  1905,  Ch.  63 . 

to  make  appropriation  to  prevent  mosqituo  breeding,  L.  1905,  Ch.  80. . .  23 

to  pension  policemen,  L.  1906,  Ch.  299 .  23 

to  consent  to  grade  crossing  of  railroad,  L.  1906,  Ch.  301 .  22 

to  consent  to  street  railroads  carrying  freight,  L.  1906,  Ch.  77...  22,  23,  90 

to  use  municipal  lands  for  forest  growth,  L.  1906,  Ch.  136 .  22 

to  borrow  in  anticipation  of  taxes,  etc.,  up  to  ninety  per  cent., 

L.  1906,  Ch.  315 . 93 

to  appoint  constables  to  fill  vacancies,  L.  1908,  Ch.  129 . 

to  fill  vacancies  in  all  elective  offices,  L.  1908,  Ch.  143 .  4,  10 

to  appoint  shade  tree  commission,  L.  1908,  Ch.  151 . 

PROCESS. 

execution  of,  for  violation  of  certain  ordinances  may  be  made  in  adjoining 

municipality  . 24 

officers,  what,  empowered  to  serve .  16 

Recorder’s,  when  to  issue .  14 

Recorder’s,  where  to  run .  54 

return  of,  how  made . 16 

when  not  to  be  allowed  to  set  aside  assessment  on  ordinance  for  improve¬ 
ment  . 36 

PROPERTY. 

Council  to  provide  for  taking,  for  sewers .  34 

ordinances  may  be  passed  regulating  town .  18,  21 

owners  of,  required  to  connect  houses  with  sewer .  90 

town  may  purchase,  hold  and  convey  real  and  personal .  3 

town  to  take  and  hold  its  predecessor’s .  4 


Ordinances  of  Montclair. 

consents  of  owners  of,  to  be  obtained  before  poles  are  erected  by 

Montclair  Light  &  Power  Company . . .  105 

consents  of  owners  of,  to  be  obtained  before  poles  are  erected  by 

Montclair  &  Bloomfield  Telephone  Company .  115,  158 

consents  of  owners  of,  to  be  obtained  before  poles  are  erected  by 

New  York  &  New  Jersey  Telephone  Company . .• .  122 

owners  of,  to  keep  sidewalks  and  gutters  in  a  clean  condition .  190 

PROPOSALS. 

Clerk  to  advertise  for,  to  grade,  etc.,  street .  33 

PUBLIC  HEALTH,  See  HEALTH,  PUBLIC. 


INDEX. 


369 


PAGE 

PUBLIC  LIBRARIES,  See  LIBRARIES,  FREE  PUBLIC. 

PUBLIC  PEACE. 

Council  to  have  full  power  to  enact  ordinances  for .  25 

ordinances  may  be  passed  to  preserve .  19 

See  also  VICE  AND  IMMORALITY. 

PUBLIC  PERFORMANCES,  See  EXHIBITIONS. 

PUBLIC  PLACES. 

animals  may  be  prevented  from  running  at  large  in .  19 

lighting  of,  may  be  in  such  places  as  Council  deem  necessary .  25 

ordinances  may  be  passed  to  regulate  planting  trees  in .  18 

use  of,  by  individuals,  vehicles,  etc.,  may  be  regulated  by  ordinance .  18 

Ordinances  of  Montclair. 

See  STREETS. 

PUBLIC  SCHOOLS,  See  SCHOOLS,  PUBLIC. 

PUBLICATION. 

Council,  tax  list  and  valuations,  L.  1908,  Ch.  276 .  23 

taxation  for  .  25 

Q 

QUORUM. 

meetings  of  Council  .  17 

R 

RAILROADS. 

grade  crossings  on,  L.  1903,  p.  660 . 

town  may  make  contracts  with,  to  change  or  elevate  road .  95 

town  may  issue  bonds  for .  22 

RAILS. 

Ordinances  of  Montclair. 

regulations  concerning  use  of  by  North  Jersey  Street  Railway  Com- 


RAILWAYS,  See  STREET  RAILWAYS;  NORTH  JERSEY  STREET  RAIL¬ 
WAY  COMPANY. 

RECOGNIZANCE. 

form  of  .  16 

Recorder  adjourning  hearing,  defendant  may  enter  into .  16 

RECORDER. 

act  to  take  effect  immediately .  54 

act  to  authorize  certain  municipalities  to  fix  compensation  of .  87 

an  officer  of  town .  4 

appointed  by  Council  .  4 

appeal  may  be  taken  from  conviction  before,  for  violation  of  ordinance....  14 

bail,  may  admit  to  when  judgment  appealed  from  is  for  imprisonment .  14 

Board  of  Health,  ordinances  of .  15 

execution,  when  to  be  issued  by .  15 

judgment  of,  when  not  to  be  reversed . .  16 

Justice  of  the  Peace  or  attorney  may  be  designated  by,  to  act  for .  53 

powers  of  substitute  .  53 

powers  of  .  15 

process,  scope  of  .  24 


370 


INDEX. 


PAGE 

RECORDER — Continued. 

salary  not  to  be  changed  during  term  of  office .  11 

subpoena  issued  by,  where  to  run .  54 

writs,  etc.,  issued  by,  where  to  run . .  54 

Ordinances  of  Montclair. 

prisoners  to  be  taken  by  police  before .  223 

prosecutions  for  violation  of  ordinance  regulating  junkmen  to  be 

brought  before  .  100 

prosecutions  for  violation  of  street  ordinance  to  be  brought  before....  191 

records  and  goods  of  junkmen  may  be  inspected  by .  99 

Rules. 

prisoners  to  be  taken  by  police  at  once  before .  186 

Statutes. 

act  concerning  enforcement  of  ordinances,  L.  1907,  Ch.  194 .  73 

REFUSE. 

Sanitary  Code  of  Montclair,  provisions  concerning .  244 

See  also  RUBBISH. 

REGISTRAR  OF  VITAL  STATISTICS. 

appointment  of,  under  Sanitary  Code .  252 

duties  of,  prescribed  .  252 

REIMPROVEMENTS. 

making,  instead  of  repairs .  28 

REMOVAL. 

Board  of  Assessors  .  55 

officers,  provisions  concerning  .  12 

policemen,  regulations  .  24 

veterans,  regulations  .  90 

REPORT. 

Board  of  Assessors  .  56 

Collector  to  make  annual .  13 

Commissioners  of  Sinking  Fund  to  make .  59 

Financial,  when  filed  .  38 

Treasurer  to  make  annual .  14 

RESIDENCE. 

Commissioners  of  Sinking  Fund  required  to  have .  59 

officers,  what  required  to  have .  9 

RESTAURANTS,  See  INNS. 

REVENUES. 

Council  may  borrow  money  in  anticipation  of .  26 

license  fees  may  be  imposed  for .  21 

REWARD. 

Ordinances  of  Montclair. 

for  arrest  and  conviction  of  incendiaries .  214 

RIOTS. 

ordinances  may  provide  for  preventing  and  quelling .  19 

See  also  VICE  AND  IMMORALITY. 

ROADS. 

Board  of  Assessors  to  make  assessments  for  opening .  55 

bonds  may  be  issued  to  raise  money  for  construction  of . . .  38 

boundary  line  between  municipalities  may  be  regulated  by  ordinance .  24 

county,  town  may  pay  part  of  cost  of .  21 

hard,  tax  for  construction  of  may  be  directed  by  voters .  87 

turnpike,  money  for  purchase  of,  how  provided . . .  94 

turnpike,  purchase  and  acquisition  of  by  towns,  when  authorized .  94 

working,  amending,  etc.,  provided  for  where  boundary  between  munici¬ 
palities .  90 


INDEX. 


371 


PAGE 

ROADS — Continued. 

Statutes. 

improvement  of  public,  cost  of,  L-  1903,  Ch.  97 .  21 

Change  of  grade  of,  L.  1903,  Ch.  231 . 

resumption  of  control  of  county  road  by  town,  L.  1906,  Ch.  322 . 

State  to  pay  one-third  cost  of  certain,  L-  1906,  Ch.  17 . 

ROADS  AND  SEWERS. 


action  on  applications  for  house  connections .  203 

agents  of  town  in  certain  matters .  202 

employees  of,  powers  .  203 

permits  for  house  connections .  203 

power  to  maintain  action  to  enforce  ordinance .  204 

ROADS,  SUPERINTENDENT,  See  SUPERINTENDENT  OF  ROADS. 
ROMAN  CANDLE. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

RUBBISH. 

Ordinances  oe  Montclair. 

accumulation  of,  to  prevent .  219 

must  not  be  burned  in .  238 

must  not  be  burned  in  yards,  within  fire  limits .  239 

owners  to  keep  sidewalks  and  gutters  in  clean  condition .  192 

penalty  for  violation  of  ordinance .  192 

throwing  of,  on  sidewalks,  etc.,  forbidden .  192 

RULES  OF  COUNCIL,  See  COUNCIL,  RULES. 


RULES  OF  BOARD  OF  EDUCATOION,  See  BD.  OF  EDUCATION,  RULES. 
RULES  OF  FIRE  DEPARTMENT,  See  FIRE  DEPARTMENT,  RULES. 
RUM,  See  EXCISE. 


S 


SAILORS,  See  SOLDIERS,  SAILORS  AND  MARINES. 

SALARIES,  See  officers  by  their  respective  titles. 

SALE. 

lands  subjected  to  future  taxation  and  assessments . . .  92 

moneys  received  on  redemption  from,  how  apportioned .  38 

taxes  and  assessments  .  87 

SALOONS,  See  EXCISE. 

SANITARY  CODE  OF  BOARD  OF  HEALTH  OF  MONTCLAIR. 

air  space  to  be  allowed  each  person .  242 

animals  with  hydrophobia  to  be  killed .  255 

suspected,  regulations  concerning  . 255 

articles  liable  to  propagate  communicable  diseases  not  to  be  brought  into 

town  .  254 

bakeries,  regulations  concerning  .  247 

barber  shops,  regulation  of . . . . .  266 

books  of  Public  Library  not  to  be  taken  to  or  from  houses  with  certain 

diseases  .  253 

branch  waste  defined  . 258 

branch  waste  pipes,  regulations  concerning .  264 

building,  unventilated,  a  nuisance .  242 

burial  regulations  .  255 

cast  iron  pipe,  materials  of,  etc .  259 

cellars,  as  sleeping  rooms,  a  nuisance .  242 

cesspools,  license  fees  for  permit  to.  empty .  244 

condition  of  plumbing  work  to  be  inspected . . . .  267 

construction  of  drains  or  sewers  or  pouring  foul  liquids  so  as  to  give 
offensive  odors  prohibited  .  242 


372 


INDEX. 


PAGE 

SANITARY  CODE  OF  BOARD  OF  HEALTH  OF  MONTCLAIR— Continued. 

cream,  regulations,  same  as  milk .  252 

crowding  persons  in  building . : .  242 

decaying  matter,  depositing  prohibited .  242 

diseases,  communicable,  when  report  required .  253 

in  schools,  how  prevented .  253 

infected  persons  not  to  be  brought  into  town .  254 

disinfection  provided  for  .  254 

disinterment  regulations  .  255 

drinking  utensils,  use  of,  regulated .  248 

drops  with  drip  pipes,  where  to  be  laid .  269 

entry,  right  of,  in  Board  of  Health .  270 

fees,  when  to  be  paid  for  testing  plumbing  plans .  266 

ferrules,  materials  of,  etc .  260 

final  test  of  plumbing,  when  to  be  made .  267 

final  test  of  gas  pipes,  when  to  be  made .  269 

fittings  and  iron  traps,  materials  of,  etc .  260 

fittings  for  connections  between  gas  pipes  to  be  galvanized .  269 

foods,  consumed  without  cooking,  shall  not  be  sold  outside  of  building....  246 

store  for  sale  of,  must  not  be  connected  with  sleeping  room .  247 

foods  and  drinks,  sale  of  decayed  or  unwholesome,  prohibited .  246 

funerals  of  persons  dying  of  certain  diseases,  regulations .  255 

garbage,  license  fee  to  remove .  244 

refuse,  etc.,  not  to  be  used  to  fill  in  lots .  245 

garbage  and  offal,  how  stored .  245 

contents  of  receptacles  to  be  emptied  only  into  vehicles  licensed  by 

Board  of  Health  .  245 

receptacles,  regulations  concerning  .  245 

gas  meter,  not  to  be  set  without  certificate .  270 

gas  pipes,  plans  to  be  filed .  268 

contents  of  .  268 

gas  pipes  to  be  wrought  iron .  268 

gas  piping,  how  to  be  arranged .  269 

how  laid  .  269 

house  drain  defined  .  258 

house,  keeping  in  uncleanliness  or  crowding  so  as  to  endanger  health,  pro¬ 
hibited  .  242 


house  sewer  defined  .  258 

house  sewer,  materials  of,  etc .  261 

hydrophobia,  animal  having,  to  be  killed .  255 

ice,  regulations  concerning  sale  of .  247 

regulations  of,  for  cooling  milk .  252 

ice  cream,  regulations  concerning .  247 

infected  persons  not  to  be  brought  into  town .  254 

infected  persons,  placard  to  be  placed  where  confined .  254 

inspection,  when  to  be  made .  269 

intercepting  traps  prohibited  .  262 

isolation  of  persons  with  certain  diseases  may  be  directed  by  Board  of  Health  254 

joints,  regulations  concerning  .  261 

lead  pipe,  materials  of,  etc .  260 

traps,  materials  of,  etc .  264 

library,  use  of,  forbidden  to  sick .  253 

main  waste  defined  .  258 

main  wastes,  regulations  concerning .  263 

main  cleanout,  regulations  concerning .  262 

manure  pits  not  to  be  connected  with  sewers .  243 

drainage  from  stable  not  to  be  emptied  into .  243 

manure  must  be  kept  in .  242 

permit  for  .  243 

to  be  kept  dry  and  protected .  243 

where  not  tc  be  built .  243 


INDEX. 


373 


PAGE 

SANITARY  CODE  OF  BOARD  OF  HEALTH  OF  MONTCLAIR— Continued. 

milk,  attendants,  requirements  concerning .  250 

bottles,  removal  of  certain,  prohibited....;... .  253 

to  be  used  for  delivery .  250 

cattle,  how  watered  and  fed .  249 

cooling  regulations  . 250 

labels,  when  required  .  251 

notice  to  be  given  to  Board  of  Health  when  person  connected  with  dairy 

is  stricken  with  contagious  disease .  250,  251 

requirements  before,  can  be  sold .  247,  248 

utensils  for,  how  to  be  cleaned .  250 

milk  dealers  to  furnish  statement  to  Board  of  Health .  248 

contents  of  statement  .  248 

mosquitoes,  water  which  breeds,  is  nuisance .  242 

notice  to  be  given  to  Board  of  Health  when  plumbing  work  ready  for 

inspection  .  267 

notice  of  readiness  of  gas  pipes  to  be  given  to  Board  of  Health  or  Inspector  269 

nuisances  defined  .  241 

penalty  for  .  243 

overflow  of  foul  liquids  or  escape  of  gases  where  they  may  be  injurious 

declared  a  nuisance  .  242 

penalties  for  violation  of  Articles  of  Code — 

243,  245,  246,  248,  252,  255,  256,  257,  258,  268,  270 

physicians  to  report  certain  diseases  to  Board  of  Health .  253 

medical  examination  may  be  ordered  by  Board  of  Health .  253 

pipe  openings,  regulations  concerning .  260 

pipes  to  be  exposed . 265 

pipes,  when  not  to  be  laid  under  tiled,  etc.,  floors .  269 

placards  to  be  posted  on  houses  where  certain  diseases  are .  254 

placards  posted,  no  one  to  enter  without  permit  except  doctor  and  nurses..  254 

plumbing,  construction  of  .  258 

sanitary,  required  .  242 

specifications  for  .  259 

plumbing  plans,  when  to  be  filed .  266 

of  what  to  consist .  267 

to  be  approved  before  execution  of  work .  266 

plumbing  to  be  inspected  and  tested .  267 

pollution  of  water  used  for  drinking  prohibited .  242 

privy  vaults,  cesspools  and  manure  pits  not  to  be  constructed  without  permit 

from  Board  of  Health .  244 

not  to  be  constructed  on  lot  with  sewer  connection  except  by  permit. ..  244 

not  to  be  constructed  within  fifty  feet  of  spring .  243 

not  to  be  completed  until  inspected  by  Board  of  Health .  243 

nuisance  .  242 

permit  for  . •. . .  243 

to  be  built  as  directed  by  Board  of  Health .  244 

privy  vault  and  cesspool  contents,  etc.,  not  to  be  conveyed  through  town 

except  as  regulated  .  244 

public  coaches,  cabs,  etc.,  not  to  be  used  for  conveyance  of  bodies  dead 

from  communicable  diseases  .  256 

putrescent  substances,  a  nuisance . 242 

rainwater  leader  waste  or  soil  pipe  not  to  discharge  into  privy  vault .  243 

rainwater  leader,  not  to  be  used  for  conducting  household  wastes .  266 

rainwater  leaders,  when  not  to  be  used .  266 

receptacles  for  garbage,  etc.,  character  of .  245 

refrigerator  wastes,  regulations  .  265 

refrigerators,  regulations  .  247 

refuse,  not  to  be  removed  or  conveyed  except  by  one  having  license .  244 

license,  how  obtained  .  244 

form  of  application  for  license .  244 

fees  for  license  .  245 

licenses  may  be  revoked  by  Board  of  Health .  245 


374 


INDEX. 


PAGE 

SANITARY  CODE  OF  BOARD  OF  HEALTH  OF  MONTCLAIR— Continued. 

refuse  not  to  be  disposed  of  except  as  approved  by  Board  of  Health .  245 

Registrar  of  Vital  Statistics,  appointment  of . .  252 

term  of  . .  252 

duties  of  .  252 

returns  of  marriages,  births  and  deaths,  to  be  made  to .  252 

repealer  .  270 

risers  smaller  than  inch  not  to  be  used  on  gas  pipes .  269 

safe  wastes,  regulations  .  265 

schools,  sick  children  prohibited .  253 

sewer  connection,  regulations  .  261 

sewer  connections  to  be  made  by  owners  of  property  on  notice  from  Board 

of  Health  . .  257 

sewers,  size  requirements  .  261,  262 

sink,  for  each  family,  required . . .  242 

wastes  from  .  266 

size  of  traps  and  branch  was.te  pipes .  264 

sleeping  room  must  not  be  connected  with  restaurant  or  store .  247 

soda  fountains,  regulations  for  drinking  utensils  used  at .  248 

soil  pipe  defined  .  258 

soil  pipes,  size  regulated .  260 

soil  pipes,  location  and  supports  regulated .  263 

soil  pipes,  regulations  and  requirements .  262 

soil  pipes  in  additions,  regulations .  263 

spitting  in  cars,  etc.,  declared  a  nuisance .  246 

steam  to  be  excluded  from  sewers .  265 

storage  of  animal  refuse  in  vault,  etc.,  endangering  health  or  causing  dis¬ 
comfort,  prohibited  .  244 

license  fee  to  remove .  244 

swine,  keeping  of,  regulated .  246 

teachers  not  to  allow  scholars  with  or  from  certain  contagious  diseases  in 

school  .  253 

tenements,  fire  escapes,  when  required .  291 

law  regarding,  incorporated  into  ordinance .  257 

not  to  be  rented  unless  with  proper  water  supply .  242 

terms  defined  .  241 

test  of  gas  pipes,  how  made .  269 

traps  in  branch  wastes .  264 

fixtures  must  be  provided  with .  264 

regulations  concerning  .  260 

tuberculosis,  notice  of,  regarding,  required .  254 

unclean  building  a  nuisance . 242 

undertakers’  duties  regarding  deaths  from  dangerous  diseases .  255 

urinals,  regulations  concerning  .  266 

vehicles  used  for  removal  of  refuse,  regulations .  245 

vehicles  licensed  to  have  license  number  painted  on .  245 

vehicles  conveying  persons  with  communicable  diseases  to  be  disinfected...  254 
veterinarians  attending  animals  with  contagious  diseases  to  report  same  to 

Board  of  Health  .  254 

Vital  Statistics,  Registrar  of,  duties,  etc .  252 

water  test  to  be  used  in  testing  plumbing .  267 

water  closet  apartments,  regulations .  264 

water  closet  floor  flanges,  when  required .  265 

water  closet  supply,  regulations  concerning .  265 

water  closet  vents  prohibited .  265 

water  closets,  certain,  prohibited .  265 

water  closets,  or  other  fixtures,  enclosing  prohibited .  265 

water  closet  for  every  two  families  required .  242 

for  every  fifteen  persons  required .  242 

well  or  spring  polluted  may  be  closed  by  Board  of  Health .  242 

workmanship  required  in  plumbing .  268 

wrought  iron  pipes,  material  of,  etc .  259 


INDEX. 


375 


PAGE 

SANITARY  INSPECTORS. 

must  be  licensed  .  86 

SCAVENGERS. 

Board  of  Health  may  pass  ordinances  to  regulate .  92 

ordinances  may  license  and  regulate .  20 

regulated  by  Sanitary  Code  of  Board  of  Health .  244 

SCHOOLS,  PUBLIC. 

appropriation  for,  how  made .  25 

support  of,  may  be  provided  for  by  taxation .  25 

tax  on  dogs  to  be  appropriated  to .  40 

SEAL. 

bonds,  when  to  be  executed  under .  41,  50 

certificates  of  election  of  town  officers  to  be  under .  8 

copies  of  papers  certified  by  Clerk,  under,  to  be  evidence .  12 

town  to  have  and  alter  same  at  pleasure .  3 

SEARCHES. 

omissions  in,  to  be  an  estoppel .  93 

Ordinances  of  Montclair. 

Collector  to  make,  for  taxes  on  application .  183 

fee  for  .  183 

SEWERAGE  DISPOSAL. 

regulations  concerning  .  92 

See  also  BONDS. 

SEWERS. 

act  for  formation  of  town,  etc.,  not  to  apply  except  as  in  this  act  provided..  44 

acts  to  take  effect  immediately .  45 

act  which  is  an  addition  to  powers  of  Council .  44,  58 

additional  main  lateral,  construction  provided  for .  86 

Board  of  Assessors  to  make  assessments  for .  55 

bonds  may  be  issued  by  Council  to  pay  for .  38,  92 

bonds,  form  of  .  38,  92 

certiorari,  when  not  allowed  to  set  aside  improvement .  36 

connection  of,  with  adjoining  municipality  may  be  provided  for .  35 

consent  to  be  obtained  for  outlet  of,  through  adjoining  municipality .  27 

construction  of,  authorized  .  85,  86 

cost  of,  how  determined  and  provided  for .  35 

cost  of,  how  assessed  and  collected .  35,  49 

costs,  when  to  be  assessed  on  lands  benefited .  57 

Council  may  build  or  construct  main  or  trunk .  44 

Council  may  provide  for  payment  of  assessments  for .  51 

Council  may  initiate  proceedings  for,  by  unanimous  vote .  57 

deposit  not  necessary  when  Council  initiates  proceedings  for .  57 

houses  along  line  to  be  connected  with .  90 

may  be  compelled  .  35 

Inspector  of,  may  be  appointed  by  Council .  34 

municipalities  may  jointly  construct  and  maintain  outlet  or  trunk .  93 

number  of  petitioners  required  for  building  and  constructing .  34 

ordinances  may  be  passed  to  prevent  and  remove  encroachments .  18 

ordinances  may  provide  for  general  plan  of .  27 

ordinances  for,  to  receive  two-thirds  vote .  18,  27 

ordinances  for,  may  be  introduced  and  passed  at  same  stated  meeting .  28 

ordinances  initiating  proceedings  for,  to  be  passed  by  unanimous  vote .  57 

outlet,  act  providing  for  where  unimproved  tracts  intervene  between  town 

and  tidewater  . . ; .  86 

outlet,  interest  in  or  right  to  use  may  be  acquired  by  town .  95 

bonds  may  be  issued  to  raise  money  to  pay  for  interest .  95 

owners  of  property  may  be  required  to  connect  houses  with .  90 

payment  provided  for  . . : .  85,  86 

petition  not  necessary  when  Council  initiates  proceedings  for .  57 


376 


INDEX. 


PAGE 

SEWERS — Continued. 

proceedings  for  construction  of .  34 

proceedings  for  taking  property  for .  34 

proceedings  for  building  or  constructing . . .  44 

proceedings  for,  pending  at  incorporation  of  town  to  be  completed .  40 

qualifications  of  Commissioners  to  assess  benefits  conferred  by  construction  of  92 

repealer  . * .  58 

reports  of  Commissioners  to  assess  benefits  from .  92 

Sanitary  Code  of  Board  of  Health,  regulations  concerning  connections  of. .  257 

use  of  may  be  regulated  by  Council .  53 

validation  of  certain  contracts  between  municipalities  for .  94 

votes  necessary  for  ordinance  for  construction  of .  27 

Ordinances  of  Montclair. 

Committee  on  Roads  are  agents  of  town .  202 

house  connections  must  be  made  with .  202 

ordinance  to  provide  for  prevention  of  encroachments  in .  225 

permit  authorizing  house  connections,  how  obtained .  202 

regulations  for  management  and  use  of .  202 

Superintendent  of  Roads  and  Sewers  to  have  supervision  of .  182 

Statutes. 

enlargement  of,  L.  1902,  Ch.  265 .  50,  86 

authorizing  construction,  L-  1902,  Ch.  124 .  49 

See  amend.  Sec.  9,  L.  1903,  Ch.  237 .  49 

two  municipalities  jointly,  L.  1902,  Ch.  12 .  49 

Am’d  by  L.  1903,  Ch.  230 .  49 

additional  contracts  for  use  of  sewers,  L.  1902,  Ch.  13 .  50 

power  to  condemn  for  joint  sewers,  L.  1902,  Ch.  14 .  50 

bonds  for  joint  sewers,  L.  1904,  Ch.  152 .  50 

rebuilding  house  connections  with,  L.  1905,  Ch.  23 .  48,  90 

re  purchase  of  rights  of  way,  etc.,  by  Commissioners,  L.  1906,  Ch.  293. .  50 

re  storm  drains  and  sewers,  L.  1905,  Ch.  21 .  53,  70 

Council  may  compel  house  connection  with,  L.  1908,  Ch.  261 .  81 

town  may  own  house  connections,  L-  1905,  Ch.  23 . . . 50,  90 

town  may  build  sewers,  L.  1907,  Ch.  82 .  85,  86 

additional  and  enlarged,  may  be  built  and  assessed  on  lands  benefited, 

L.  1902,  Ch.  265.... .  45,  50,  86 

town  may  construct  disposal  plants,  L.  1905,  Ch.  77 .  92 

renewal  of  bonds,  L.  1898,  Ch.  153;  L.  1903,  Ch.  206 .  50 

See  also  BONDS. 


SEWERS,  DEPARTMENT  OF,  See  DEP’T  OF  STREETS  AND  SEWERS. 


SHED,  See  AWNINGS. 

SHOWS. 

licenses  for  .  20 

Ordinances  of  Montclair. 

charitable  entertainments  exempt  from  tax .  193 

license  must  be  obtained  before  exhibition .  193 

owners  of  property  not  to  permit,  without  license .  193 

penalty  for  exhibiting  without  license .  193 

SHADE  TREES. 

Commissioners  of  .  23 

SIDEWALKS. 

act  which  is  an  addition  to  the  powers  of  Council .  57 

Council  may  require  owners  and  occupants  of  land  to  keep  in  repair .  26 

Council  may  initiate  proceedings  for,  by  unanimous  vote .  57 

deposit  not  necessary  in  proceedings  for,  initiated  by  Council .  57 

snow  removal  from,  may  be  provided  for  and  enforced  by  ordinance .  18 

snow,  ice,  etc.,  required  to  be  removed  from,  by  owners .  94 

street  may  have,  how .  32 


INDEX. 


377 


PAGE 

SIDEWALKS— Continued. 

Ordinances  of  Montclair. 

banks  and  mounds  not  to  be  formed  by  removal  of  snow  and  ice  from. .  102 

bicycle  riding  on,  prohibited .  189 

Clerk  to  give  notice  to  the  owners  to  repair .  101 

cost  of  removal  of  snow  and  ice  by  Council  to  be  a  lien  and  assessed...  103 

costs  of  repairs  by  Council  a  lien  and  assessed .  188 

excavation  of,  without  permit  from  Council  prohibited .  187 

laying  of,  to  regulate .  216 

leading  or  driving  horse  or  cattle  or  vehicle  over,  regulated .  190 

owners  failing  to  remove  snow  or  ice,  Council  to  do  so .  103 

owners  must  remove  grass  and  weeds  from .  194 

owners  required  to  keep  in  a  clean  and  orderly  condition .  102 

removal  of  snow  and  ice  not  necessary  on  unpaved  sidewalks .  102 

rubbish  throwing  or  depositing  on,  prohibited .  187 

trees  must  be  kept  trimmed .  194 

velocipedes  and  children’s  carriages,  riding  on,  not  prohibited .  189 

Statutes. 

act  to  provide  for  removal  of  snow,  etc.,  from,  L.  1904,  Ch.  125 .  66 

SIGNS,  See  AWNINGS. 

SINKING  FUND. 

amount  to  be  paid  into .  38 

moneys,  what  to  be  paid  into .  38 

moneys  may  be  raised  for,  by  taxation .  25 

unexpended  balances  may  be  paid  into .  60 

SINKING  FUND  COMMISSIONERS,  See  COMMISSIONERS  OF  SINK¬ 
ING  FUND. 

SKATING  RINKS. 

licenses  for  .  20 

SKY-ROCKET. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

SLEIGHS  AND  SLEDS. 

Ordinances  of  Montclair. 

Council  may  designate  streets  for  coasting  on .  190 

SNOW  AND  ICE. 

removal  of,  may  be  provided  for  and  enforced  by  ordinance .  19 

removal  of,  by  owners  required .  94 

street  railways  may  be  compelled  to  keep  tracks  free  from .  24 

Ordinances  of  Montclair. 

cost  of  removal  by  Council  to  be  a  lien  and  assessed .  103 

North  Jersey  Street  Railway  Company  to  remove  from  tracks .  150,  174 

penalty  for  failure  of  North  Jersey  Street  Railway  Company  to 

remove  .  150,  174 

removal  to  be  made  within  what  time .  150,  174 

Statutes. 

act  to  compel  removal  from  sidewalks,  etc.,  L.  1904,  Ch.  125 .  66,  94 

SNOW  REMOVAL. 

Council  may  provide  for,  L.  1904,  Ch.  125 .  23 

SOLDIERS’  MONUMENT. 

Statutes. 

Council  may  contribute  toward,  L.  1905,  Ch.  71 .  25 

SOLDIERS,  SAILORS  AND  MARINES. 

pension  .  23 

preference  to  be  given  to  veteran,  in  public  service .  90 

removal  of  veteran,  regulated .  90 

monuments  .  25 


378 


INDEX. 


SPIRIT  GAS. 

Ordinances  of  Montclair. 

ordinance  to  regulate  and  prohibit  manufacture,  etc.,  of .  227 

SPITTING. 

prohibited  in  certain  places  by  Sanitary  Code  of  Board  of  Health .  246 

SPRINKLING. 

with  oil,  water,  etc .  23 

Ordinances  of  Montclair. 

North  Jersey  Street  Railway  Company  to  do .  149,  173 

STAGE  OWNERS  AND  DRIVERS,  See  CARTMEN. 

STATEMENT. 

Board  of  Canvassers  to  produce  election .  7 

Board  of  Canvassers  to  make .  8 

Collector  to  furnish  Council  with .  13 

Commissioners  of  Sinking  Fund  to  deliver  to  Council .  59 

Council,  when  to  cause  to  be  printed .  17 

contents  of  . 17 

Treasurer  when  to  furnish  Council  with .  14 

Statutes. 

act  relating  to  publication  of  financial  statements,  L.  1908,  Ch.  152 .  79 

STATUTES. 

towns  formed  under  act  of  1895  governed  by,  relating  to  town .  40,  41 

towns  formed  under  similar,  constituted  towns .  40,  41 

STORM  DRAINS. 

L.  1906,  Ch.  21 .  28,  53,  70 

STREET  RAILWAYS. 

an  act  concerning  and  regulating .  85 

change  of  motive  power,  consent  of  Council  to  be  obtained .  88 

construction,  operation  and  maintenance  regulated .  88 

ordinances  may  regulate  use  of  streets  by .  24 

tax  on  .  90 

when  may  carry  freight .  22,  90 

Statutes. 

taxation  of,  by  town,  L.  1906,  Ch.  290  .  90 

may  carry  freight  only  by  consent  of  town,  L.  1906,  Ch.  77 .  90 

franchises  in  streets  shall  be  for  not  over  20  years  except  after  referen¬ 
dum,  L.  1906,  Ch.  36 .  85 

no  franchise  for  over  50  years,  L.  1907,  Ch.  148 .  85 

See  NORTH  JERSEY  STREET  RAILWAY  COMPANY. 

STREETS. 

Board  of  Assessors  to  make  assessments  for  opening .  55 

bonds  may  be  issued  to  pay  for  improvement  of .  38 

bonds  for  improvement  of,  disposition .  38 

boundaries  of,  may  be  ascertained  and  established  by  ordinances .  18 

certiorari,  when  not  allowed  to  set  aside  improvement .  36 

Commissioners  of  Assessment,  notice,  form  of .  36 

objections  to  report,  when  and  how  presented .  36 

confirmation  of  report  .  36 

cost  of  improvement,  etc.,  how  determined  and  provided  for .  28,  35 

Council  may  regulate  laying  pipes  in .  26 

fee  simple  of  land  for,  when  vested  in  town .  30 

grading,  filling,  etc.,  may  be  provided  for  by  ordinance .  27 

grades  of,  may  be  fixed  and  established  by  town .  94 

improvement  not  to  be  made  if  owners  of  two-thirds  remonstrate .  30 

improving,  etc.,  proceedings  for  by  petition . . .  32 

improving,  etc.,  objections  to,  how  made  and  considered .  32 

form  of  ordinance  for  improvement .  33 


INDEX. 


379 


PAGE 

STREETS — Continued. 

inspector  of  improvement  on,  appointed  by  Council .  34 

lawn  along  trolley  tracks,  See  BONDS. 

laying  out,  opening,  etc.,  may  be  provided  for  by  ordinance .  27 

lighting  of,  may  be  provided  for  by  taxation .  25 

lighting  of,  may  be  in  such  places  as  Council  may  deem  necessary .  25 

map  of  proposed  improvement  to  be  made .  29 

moneys  for  regulating,  cleaning  and  keeping  in  repair  may  be  provided  for 

by  taxation  .  25 

notice  for  application  for  improving,  etc.,  to  be  published,  posted  and  served  32 

objections  to  work  on  improvement  on,  to  be  considered  by  Council .  33 

ordinances  may  provide  for  cleaning  and  repairing .  18 

ordinances  may  regulate  exercise  of  privileges  in .  18 

ordinances  may  regulate  use  of  by  street  railways .  19 

ordinances  may  be  passed  to  name  and  number .  18 

ordinances  may  regulate  and  control  passage  through .  19 

petition  for  laying  out,  etc.,  to  be  presented  to  council .  28 

petition  for  laying  out,  etc.,  to  be  referred  to  Commissioners  of  Assessment 

if  favored  .  28 

procedure  .  29 

proceedings  for  improving  pending  at  incorporation  to  be  completed .  40 

snow  and  ice,  etc.,  removal  from,  provided  for .  94 

sprinkling  with  oil,  etc .  23 

Superintendent  of,  appointment  provided  for .  87 

trees,  planting,  rearing,  etc.,  in,  may  be  directed  and  regulated  by  ordinance  18 

unknown  owners  may  receive  award  for,  through  Chancery .  31 

use  of  boundary,  by  other  municipalities .  24 

use  of,  by  electric  light,  heat  and  power  companies .  84 

working,  amending,  etc.,  provided  for  where  forming  boundary  line  between 

municipalities  .  90 

vacating,  changing  grade  of,  etc.,  when  authorized .  24,  95 

votes  for  ordinances,  opening,  etc .  18,  27 

Ordinances  of  Montclair. 

areaway  or  cellar  opening,  etc.,  over,  regulated .  189 

ball  games  not  to  be  played  in .  190 

bay  windows,  etc.,  extending  into,  prohibited .  189 

bells  on  bicycles,  etc.,  when  required .  189 

breaking  or  injuring  lamp  posts  or  appurtenances  on,  prohibited .  188 

breaking  or  destroying  curbs,  gutters,  etc.,  in,  prohibited .  187,  190 

coasting  on  sleds  prohibited  except  as  Council  may  designate .  190 

disturbance  or  breach  of  peace  on,  prohibited .  185 

encumbering  or  obstructing  without  permit  prohibited .  187 

fires  in,  forbidden  .  238 

lamps  on  bicycles,  etc.,  when  required .  188 

macadamized,  use  of  broad  tires  on .  184 

Montclair  Light  &  Power  Company  authorized  to  use .  105 

Montclair  &  Bloomfield  Telephone  Company  authorized  to  use .  110 

New  York  &  New  Jersey  Telephone  Company  authorized  to  construct 

subways,  etc.,  beneath  .  121 

penalty  for  encumbering  or  obstructing .  187 

penalty  for  placing  posts,  signs,  awnings,  etc.,  on  or  over .  189 

penalty  for  violation  of  ordinance .  189 

permits  to  ride  bicycles,  etc.,  at  any  rate  of  speed  may  be  granted  by 

Chief  of  Police  .  189 

•  posts,  signs,  porches,  awnings,  etc.,  on  or  over,  prohibited .  189 

removing,  disturbing,  excavating,  etc.,  prohibited .  187 

rubbish  must  not  be  burned  in .  239 

scattering  of  handbills,  etc.,  on,  prohibited .  120 

rubbish  or  refuse,  depositing  on,  prohibited .  187,  192 

speed  of  horses,  vehicles,  etc.,  regulated .  188 

suits  to  be  brought  before  Recorder .  191 


380 


INDEX. 


STREETS — Continued. 

Statutes. 

forming  boundaries,  paving  of,  L.  1902,  Ch.  Ill . 

vacating,  etc. 

L.  1904,  Chs.  205,  206  . .  24,  31 

L.  1907,  Ch.  22 .  73 

L.  1906,  Ch.  254 . 71 

may  be  improved  by  unanimous  vote  of  Council, 

L.  1904,  Ch.  131 .  57 

L.  1908,  Ch.  137 .  25,  78 

licensing  vehicles,  etc.,  L.  1905,  Ch.  197 .  21 

change  of  grade,  action  for  damages  resulting, 

L.  1905,  Ch.  226 .  28 

L.  1906,  Ch.  178 .  28 

L.  1902,  Ch.  129 .  96 

franchises  in  not  for  over  20  years,  L.  1906,  Ch.  36 .  85,  90 

franchises  affecting  grade  crossings,  L.  1906,  Ch.  167 .  85 

opening,  appropriations  for,  E.  1908,  Ch.  137 .  78,  185 

railroads  shall  not  cross  at  grade,  L.  1906,  Ch.  301 .  22 

re-improvements  instead  of  repairs, 

L.  1907,  Ch.  115 .  28 

L.  1908,  Ch.  61 .  28 

may  be  paved,  how,  L.  1906,  Ch.  180 . 

act  to  compel  removal  of  snow,  etc.,  from  sidewalks,  etc.,  L.  1904,  Ch.  125  94 
act  concerning  distribution  of  medicinal  preparations,  etc.,  in, 

L.  1904,  Ch.  88.....  .. .  66 

act  to  provide  for  sprinkling,  etc.,  L.  1908,  Ch.  26 .  76 

STREETS,  DEPARTMENT  OF,  See  DEPARTMENT  OF  STREETS  and 
SEWERS. 

SUBPOENA. 

Recorder’s,  where  to  run .  54 

SUMMONS. 

Recorder  may  issue  process  in  nature  of .  14 

SUNDAY. 

Ordinances  of  Montclair. 

games  prohibited  on  .  185 

saloons  to  be  closed  on .  185 

SUPERINTENDENT  OF  ROADS  AND  SEWERS. 

Ordinances  of  Montclair. 

appointed  by  Council  .  182 

contingent  expenses  of,  provided  for .  183 

permits  for  opening  streets  to  be  obtained  from  New  York  and  New 

Jersey  Telephone  Company  from .  182 

permits  for  sewer  connection  obtained  from .  202 

report  to  .  203 

inspection  fee  of  .  203 

SUPERINTENDENT  OF  STREETS. 

appointment  of,  provided  for .  87 

Ordinances  of  Montclair. 

cost  of  removal  of  grass  and  weeds  by,  to  be  assessed  on  lands .  195 

grass  and  weeds  to  be  removed  from  sidewalks,  etc.,  by,  on  owner’s 

default  .  194 

SURETIES. 

bonds  of  officers,  on .  10 

Councilmen,  when  not  to  be .  17 

officers  in  office  at  incorporation  of  town  to  continue  liable .  4 

recognizance  before  Recorder,  on .  16 

Ordinances  of  Montclair. 

qualifications  of,  on  bonds  for  inns .  232 


INDEX. 


381 


PAGE 

SURVEYORS. 

appointed  by  Council  .  4,  16 

duties  as  to  street  improvement .  29 

residence  not  required  of .  9 

salary  to  be  fixed  by  Council .  11 

street  improvement,  to  assist  Commissioners  of  Assessment . . .  29 

Ordinances  of  Montclair. 

duties  of,  fixed  .  229 

SWAMP  LANDS,  See  LANDS. 

SWEEPS. 

ordinances  may  license  and  regulate .  20 

SWIMMING. 

ordinances  may  regulate  or  prohibit,  in  waters  of  or  bounding  town .  19 

SWINE. 

keeping  of,  regulated  by  Sanitary  Code .  246 


T 

TAVERNS,  See  INNS. 

TAXATION. 

additional  sums  may  be  raised  for  free  public  libraries  by .  96 

amount  to  be  raised  by .  38 

Council  may  provide  for  raising  money  for  certain  purposes  by .  25 

TAXES. 

exemptions  .  39 

moneys  received  on  redemption  from,  how  appropriated .  38 

ordinance  may  provide  that  snow  removal  by  town  be  levied  as .  19 

rate  of  interest  on .  39 

sidewalk  repairs  may  be  assessed  on  lands  as .  26 

State  and  county,  Treasurer  to  pay  from  what  funds .  13 

voters  may  direct,  for  construction  of  hard  roads .  87 

Ordinances  of  Montclair. 

grass  and  weeds  removed  by  town,  on  owner’s  default,  to  be  levied  as. .  195 

New  York  and  New  Jersey  Telephone  Company,  regulations .  126 

repairs  of  sidewalks,  etc.,  by  Council,  on  owner’s  default,  to  be  levied  as  101 

snow  removal  by  Council,  on  owner’s  default,  to  be  levied  as .  103 

Statutes. 

borrowing  in  anticipation  of,  L.  1906,  Ch.  315 .  93 

collection  of,  L.  1902,  Chs.  30,  75 . 

town  may  purchase  for,  L.  1902,  Ch.  164 . 

searches  on  sale  for,  L.  1906,  Ch.  265 . 

borrowing  for  expenses  of  Commissioners  of  Adjustment, 

L.  1902,  Ch.  193 . . . .  26 

extending  time  for  oath  of  Commissioners  of  Adjustment, 

L.  1902,  Ch.  269 . 

to  include  rental  of  fire  hydrants,  L-  1903,  Ch.  138 . .  22 

collection  of,  where  records  destroyed, 

L.  1904,  Ch.  187 .  88 

L.  1906,  Ch.  66 . . . . . . . 

proportion  of  expense  of  railroad  crossing  abolition  may  be  put  into, 

L.  1904,  Ch.  209 .  22 

for  public  libraries,  L.  1905,  Ch.  150 .  22,  85,  96 

maximum  rate  of,  L.  1905,  Ch.  83 . 

in  special  charters,  unlimited,  L.  1906,  Ch.  199 . 

against  street  railroads,  L.  1906,  Ch.  290  .  90 


382 


INDEX. 


PAGE 

TAXES  AND  ASSESSMENTS. 

act  relating  to  official  searches  and  certificates  as  to .  93 

Commissioners  of  Adjustment  may  be  appointed .  92 

county  lands,  against  .  23 

money  may  be  borrowed  in  anticipation  of . . .  93 

TAXES  AND  ASSESSMENTS,  DEPARTMENT  OF,  See  DEPARTMENT 
OF  TAXES  AND  ASSESSMENTS. 

TEACHERS,  See  BOARD  OF  EDUCATION. 

TELEGRAPH  COMPANIES. 

an  act  authorizing  incorporation  of,  and  regulating .  84 

TELEGRAPH,  TELEPHONE  AND  ELECTRIC  LIGHT  COMPANIES. 

may  mortgage  franchises,  etc.,  L.  1903,  Ch.  86 .  84 

may  be  dissolved  under  Sec.  31  of  General  Incorporation  Act,  Revision 

of  1896,  L.  1903,  Ch.  184 .  84 

may  increase,  etc.,  capital  stock,  L.  1905,  Ch.  84 .  84 

designation  of  streets  by  Council  must  be  by  ordinance,  L.  1906,  Ch.  36.  .  84 

TELEPHONE  COMPANIES. 

an  act  authorizing  incorporation  of,  and  regulating .  84 

See  also  MONTCLAIR  AND  BLOOMFIELD  TELEPHONE  COMPANY; 

NEW  YORK  AND  NEW  JERSEY  TELEPHONE  COMPANY. 

TERMS. 

Assessor  . 16 

Attorney  of  town  .  16 

Board  of  Assessors  .  54 

Board  of  Education,  members  of .  8 

books,  etc.,  to  be  delivered  up  by  officers,  at  expiration  of .  11 

Clerk  of  town  .  12 

Collector  .  12 

commencement  of  .  11 

Commissioners  of  Assessment  .  26 

Commissioners  of  Sinking  Fund .  58 

Council,  when  to  fill  unexpired .  8 

Council  may  fix,  for  officers  when  not  provided  for .  5 

Councilmen  . 8 

designated  on  ballots  for  Councilmen  and  Board  of  Education .  9 

election  to  fill  unexpired .  8 

Fire  Commissioners  .  21 

officers  in  office  at  incorporation  of  town .  3 

officers  appointed  to  offices  not  existing  before  incorporation  of  town .  4 

Overseer  of  the  Poor .  16 

Poundkeepers  .  16 

Recorder  .  14 

Treasurer  .  13 

Ordinances  oe  Montclair. 

Board  of  Assessors  .  159 

Board  of  Health  . .  97 

Chief  of  Police .  222 

Montclair  Light  and  Power  Company,  franchise .  104 

Montclair  and  Bloomfield  Telephone  Company,  franchise .  110 

New  York  and  New  Tersey  Telephone  Company,  franchise .  121 

North  Jersey  Street  Railway,  franchise .  129 

North  Jersey  Street  Railway,  additional  franchise .  160 

Superintendent  of  Roads  and  Sewers .  182 

Rules. 

teachers  and  principals  .  324 

THEATRICAL  PERFORMANCES,  See  SHOWS. 


INDEX. 


383 


PAGE 

TIME. 

action  on  awards,  when  to  be  brought .  32 

annual  town  election,  holding  of .  5 

appointees  to  new  offices,  to  hold  to  what .  4 

assessment  completed  by  Assessor .  40 

Board  of  Assesors  to  complete  their  assessment .  56 

bonds  of  officers,  when  to  be  given .  10 

bonds  issued  for  improvement,  etc .  38 

bonds  reissued,  payable  .  50 

bonds  for  sewers,  payable  .  45 

certificate  of  election,  when  to  be  given,  by  Clerk .  8 

certiorari,  etc.,  to  set  aside  assessment,  when  not  allowed .  36 

Collector  to  furnish  Council  statement  once  a  week .  13 

Collector  to  pay  over  to  Treasurer  collections  once  a  week .  13 

Collector  to  make  a  report  annually . „ .  13 

commencement  of  official  terms .  11 

Commissioners  of  Sinking  Fund,  organization  and  meetings .  59 

conviction  within  six  months,  penalty .  20 

Council,  organization  .  17 

Councilmen  to  be  elected  for .  9 

demand  and  notice  given  by  Collector .  40 

division  of  town  into  wards .  3 

election  of  Councilmen  because  of  tie  vote .  8 

execution  on  Recorder’s  judgment  to  issue  forthwith .  15 

examination  of  Assessor’s  books  by  Council .  40 

fees  received  by  officers  to  be  paid  over  immediately .  11 

financial  statement  to  be  made  by  Council .  17 

fiscal  year,  when  to  commence .  38 

hearing  of  objections,  when  to  be  had .  51 

hearing  of  objections  to  report  of  Commissioners  of  Assessment .  36 

imprisonment  by  Recorder,  for  what  period .  15 

imprisonment  for  violation  of  liquor  ordinance .  20 

imprisonment  for  violation  of  ordinance  authorized  by  act . .  21 

improvement  certificates,  when  to  be  issued .  35 

incorporation  of  towns  .  3 

interest,  when  to  run  on  taxes  and  assessments .  39 

meetings  of  Council  .  17 

meetings  of  Board  of  Canvassers .  7 

notice  of  discharge  of  sureties  of  old  officers,  when  to  be  given .  4 

notice  of  call  for  special  meetings  of  Council .  17 

notice  of  intention  to  sue .  32 

notice  of  application  for  street  improvement,  publishing,  posting  and  serving  32 

notice  of  hearing  of  objections  to  construction  of  drains  and  culverts .  51 

oath  when  to  be  taken  by  officers-elect  .  10 

officers  in  office  at  incorporation  of  town  to  continue  for  what .  3 

officers  to  deliver  up  records,  etc.,  when .  11 

ordinance  to  prescribe  for  holding  special  election  for  incorporation  of  town  1 

ordinances  to  take  effect  .  18 

organization  of  Commissioners  of  Sinking  Fund .  59 

payment  of  assessment,  day  for .  40 

publication  of  notice  of  filing  report  by  Commissioners  of  Assessment .  29 

statement  of  Commissioners  of  Sinking  Fund,  when  to  be  given .  59 

statements  delivered  by  election  officers .  7 

summons  of  Recorder,  when  returnable .  14 

sureties  on  bonds,  of  town  officers,  who  may  be  discharged .  4 

Treasurer  to  furnish  Council  statement  at  least  once  a  month .  14 

Treasurer  to  make  a  report  annually .  14 

wards,  when  may  be  created  and  changed .  3 

warrant  of  Recorder,  when  returnable .  14 

Ordinances  of  Montclair. 

hours  between  which  junkmen  cannot  transact  business .  99 


384 


INDEX. 


TIME — Continued. 

licenses  to  hawkers  and  peddlers  to  expire . . .  215 

notice  to  repair  sidewalks,  when  to  be  given  to  owners .  101 

removal  of  snow  and  ice,  when  to  be  made . .  102 

TIRES,  See  BROAD  TIRES. 

TITLE. 

corporate,  of  towns  .  1 

TORPEDO. 

Ordinances  oe  Montceair. 

ordinance  to  regulate  and  prohibit  discharge  of .  219 

TOWN  ATTORNEY,  See  ATTORNEY. 

TOWN  CLERK,  See  CLERK. 

TOWN  COLLECTOR,  See  COLLECTOR. 

TOWN  HALL. 

(See  also  MUNICIPAL  BUILDINGS) .  23 

ordinances  may  provide  for  erecting,  repairing  and  controlling .  20 

TOWN  SURVEYORS,  See  SURVEYORS. 

TOWN  OF  MONTCLAIR,  See  ORDINANCES  OF  MONTCLAIR. 

TOWNS  UNDER  ACT  OF  1895. 

Assessments. 

date  for  payment  .  40 

examination  by  Council  .  40 

notice  by  Collector  .  40 

when  to  be  completed  .  40 

Board  of  Canvassers. 

composition  of  .  7 

officers  elect  to  be  given  certificates .  8 

proceedings,  how  conducted  .  7 

result  to  be  declared  and  statement  filed  by .  8 

statement  of  votes  cast  to  be  presented  to .  7 

statement  of  votes  to  be  given  to .  7 

Bonds. 

town  may  issue  where  its  predecessor  had  authority .  41 

Certiorari. 

when  not  allowed  to  set  aside  ordinances  for  improvement .  36 

Council. 

bonds,  power  to  issue  .  38 

borrowing  money  .  26 

Chairman  of  .  17 

Commissioners  of  Assessments,  appointed  by .  26 

contracts,  members  of,  not  to  be  interested  in .  17 

elections,  special,  to  fill  vacancies  in . .  8 

financial  statement  by,  when  made .  17 

improvement  certificates  may  be  issued  by .  35 

improvement  certificates,  regulations  concerning .  35 

inspector  of  work,  appointment  of .  34 

licensing  inns,  etc.,  regulations  concerning .  20 

meetings,  regular,  when  held .  17 

meetings,  special,  how  called .  17 

members  of,  not  to  be  surety  for  public  officer .  17 

newspaper  for  official  advertisements  may  be  designated  by .  26 

objections  to  work,  how  considered .  34 

ordinances,  how  introduced,  etc .  17 

ordinances,  for  what  purposes  may  be  passed .  18 

ordinances  may  be  passed  for  laying  out,  etc.,  streets,  etc .  28 

organization  of  .  17 


INDEX. 


385 


PAGE 

TOWNS  UNDER  ACT  OF  1895— Continued. 

powers  of  .  21 

process,  execution  of,  for  violation  of  ordinances  of,  in  other  munici¬ 
pality  . 24 

property,  private,  for  sewers,  how  taken .  34 

quorum  .  17 

sewer  connections,  contract  for .  35 

sewers,  control  over  .  27 

sidewalks,  etc.,  may  require  owners  to  repair .  26 

streets,  powers  over  .  28 

Elections. 

annual,  when  and  where  held .  5 

Fiscal  Year. 

when  to  commence  .  38 

Governments. 

formed  under  similar  acts  to  be  deemed  formed  under  this  act .  41 

Incidental  Fund. 

what  moneys  to  be  paid  into .  38 

Officers. 

appointed,  when  not  provided  for .  4 

appointed,  how  .  4 

Assessor,  term  of  .  16 

Attorney  appointed  by  Council . 16 

Clerk,  duties  of  .  12 

Clerk,  copies  of  papers  certified  by  to  be  evidence .  12 

Collector,  duties  of  .  12 

Councilmen,  term  for  which  to  be  elected .  9 

Councilman,  when  may  arrest  without  warrant .  15 

duties  of,  prescribed  by  Council .  5 

elected,  when  .  5 

failure  to  qualify  vacates  office .  10 

holding  more  than  one  office  prohibited .  11 

Justices  of  the  Peace,  number  how  determined .  4 

oath  of,  when  taken .  10 

Overseer  of  the  Poor,  duties  of .  16 

policemen,  when  may  arrest  without  warrant .  15 

Poundkeepers,  term  and  duties .  16 

previously  elected,  to  continue .  3 

qualifications  as  to  residence  and  citizenship .  9 

Recorder,  powers  and  duties  of .  14 

removal  from  town  vacates  office .  9 

removal  by  Council,  proceedings .  12 

residence  not  necessary,  as  to  what .  9 

retiring,  to  surrender  records,  etc .  11 

salaries  fixed  by  Council .  11 

sureties  of  previously  elected,  liable .  4 

Surveyors,  designated  by  Council .  16 

term,  when  to  be  fixed  by  Council .  5 

terms,  commencement  of  .  11 

tie  vote  for,  Council  to  elect .  8 

tie  vote  for  Councilmen  or  Board  of  Education,  new  election  to  be  held  8 

Treasurer,  duties  of  .  13 

Treasurer,  statements  and  annual  report  to  be  made  by .  14 

Treasurer,  warrants  how  drawn .  14 

Treasurer,  when  may  pay  out  moneys  without  warrant .  14 

vacancy  to  be  filled  by  Council .  9 

votes,  plurality  to  elect .  7 

Sewers. 

assessment  for  improvement,  how  made .  35 


386 


INDEX. 


PAGE 

TOWNS  UNDER  ACT  OF  1895— Continued. 

how  built  .  34 

proceedings  for  opening,  etc.,  to  be  completed  by  town  newly  incorpo¬ 
rated  . .  41 

Sinking  Fund. 

amount  to  be  paid  into .  38 

Statutes. 

general,  relating  to  town,  and  not  inconsistent  herewith,  applicable....  40 
Streets. 

assessment  for  improvement  of,  how  made .  29,  35 

award,  action  by  dissatisfied  party  to .  31 

awards  may  be  offset  by  benefits .  31 

awards,  notice  of  action .  32 

awards,  action,  when  to  be  brought .  32 

bids  for  improving  may  be  rejected .  33 

bonds  to  be  given  by  contractor  for  improving .  34 

confirming  awards  .  30 

contract  for  improving,  to  lowest  bidder .  33 

hearing  of  objections  on  laying  out,  etc .  30 

improving,  etc.,  proceedings  for  by  petition .  32 

laying  out,  opening,  straightening,  etc .  27 

notice  for  improving,  how  given .  32 

ordinance  for  improving,  form  of .  33 

petition  for  improving,  by  whom  to  be  made .  32 

proceedings  for  opening,  etc.,  to  be  completed  by  newly  incorporated 

town  . . . . .  41 

proposals  for  improving,  publication  of .  33 

report  on  laying  out,  etc.,  by  Commissioners  of  Assessment .  29 

title,  when  to  pass .  30 

unknown  owners  of  property,  how  paid .  31 

Successor. 

town  is,  to  rights  and  liabilities  of  former  municipality .  4 

Taxation. 

amount  to  be  raised  by . .  38 

Taxes. 

dogs,  amount  of  . 40 

moneys  received  from,  in  certain  cases  how  apportioned .  38 

Unexpended  Balances. 

how  disposed  of  .  38 

Wards. 

governing  body  to  divide  territory  into .  3 

how  determined  .  3 

when  changed  .  3 

TOY  PISTOL. 

Ordinances  of  Montclair. 

ordinances  to  regulate  and  prohibit  discharge  of .  219 

TRAMPS,  ETC. 

ordinances  may  restrain  or  punish .  19 

TREASURER. 

an  officer  of  town .  4 

appointed  by  Council  . 5 

books,  etc.,  of,  to  be  laid  before  Council  when  required .  13 

bond  to  be  given  by . 10 

office  may  be  declared  vacant  for  failure  to  give . .  . .  11 

Commissioner  of  Sinking  Fund,  to  be .  58 

deposits  to  be  made  with,  by  petitioners  for  laying  out,  etc.,  streets,  etc...  .  28 


INDEX. 


387 


PAGE 


TREASURER — Continued. 

duties  of  .  13 

fees  received  by  officers  to  be  paid  over  to .  11 

moneys,  how  paid  out .  13 

salary  to  be  fixed  by  Council .  11 

salary  not  to  be  changed  during  term  of  office .  11 

salary,  limit  of  .  11 

statement  to  be  furnished  Council  monthly  by .  14 

statement  to  be  furnished  Council  annually  by .  14 

term  of  office  of .  13 

warrants  on,  how  drawn .  13 

warrants  on,  provisions  concerning .  13 

warrants  on,  Clerk  to  keep  warrant  book.  . .  13 

Ordinances  of  Montclair. 

officers  named  to  pay  full  receipts  to .  183 

TREES. 

Board  of  Assessors  to  make  assessments  for  planting  shade .  55 

ordinances  may  regulate  planting,  etc .  18 

Ordinances  of  Montclair. 

animals  not  to  be  hitched  to,  on  streets .  191 

cutting,  by  Montclair  Light  and  Power  Company  regulated .  105 

cutting  by  Montclair  and  Bloomfield  Telephone  Company  regulated...  .  116 

in  parks,  must  not  be  broken  or  destroyed .  204 

penalty  for  violation  of  ordinance .  191 

TRIAL. 

before  Recorder  .  14 

where  to  be  held  in  action  concerning  awards .  31 

TRICYCLES,  See  BICYCLES,  TRICYCLES,  ETC. 

TRUCK  OWNERS  AND  DRIVERS,  See  CARTMEN. 

TURNPIKE  ROAD,  See  ROADS. 


U 


UNEXPENDED  BALANCES. 

Statutes. 

may  be  paid  into  sinking  fund,  L.  1907,  Ch.  249 .  60 


V 


VACANCY. 

appointee,  term  of  .  9 

Board  of  Assessors,  how  filled .  55 

Commissioners  of  Sinking  Fund,  how  filled .  59 

Council  may  declare,  for  failure  to  furnish  new  surety .  4 

may  fill,  when  declared .  4 

Council  may  fill,  by  appointment .  7,  9,  10 

Council  to  fill,  when  officer  is  elected  or  appointed .  9 

Council  may  declare  for  failure  to  give  bond .  10 

election  for,  and  full  terms,  ballots  to  indicate .  6 

in  Council  .  26 

in  elective  offices,  act  for .  9 

officers  failing  to  take  oath  to  cause .  10 

officers  holding  other  officers  to  cause .  11 

removing  of  officers  from  town  or  ward  to  cause .  10 

Ordinances  of  Montclair. 

Board  of  Health,  how  filled .  98 


388 


INDEX. 


VAGRANTS,  See  TRAMPS,  ETC. 

VEHICLE  OWNERS  AND  DRIVERS,  See  CARTMEN. 

VEHICLES,  See  BICYCLES,  TRICYCLES,  ETC. 

lamps  on  . .  22,  62 

Ordinances  of  Montclair. 

baggage  with  passenger  .  206 

charges  for  transportation  .  206 

for  transportation,  must  be  licensed .  205 

license  number  to  be  displayed .  206 

licensed,  must  carry  copy  of  ordinance .  207 

rate  of  speed  .  208 

shall  be  inspected  by  Police  Committee .  207 

for  refuse,  etc .  245 

VELOCIPEDES. 

Ordinances  of  Montclair. 

provisions  of  ordinance  not  to  apply  to .  189 

VETERANS,  See  SOLDIERS,  SAILORS  AND  MARINES. 

Statutes. 

to  be  pensioned,  when,  L-  1896,  Ch.  252 . .  91 

VICE  AND  IMMORALITY. 

ordinances  may  provide  for  preventing  and  suppressing .  19 

Ordinances  of  Montclair. 

aiders  and  abettors  of  violation  to  be  liable .  185 

games  and  disorderly  conduct  on  Sunday  prohibited .  185 

loitering,  indecent  language  and  exposure,  etc.,  prohibited .  184 

owners  not  to  allow  disorderly  persons,  drunkards,  etc.,  to  frequent 

premises  .  185 

slot  machines  prohibited  .  185 

VOLUNTEER  FIREMAN. 

pay  for  .  24 

VOTERS. 

tax  for  construction  of  hard  roads  may  be  directed  by .  87 

VOTES. 

appropriations,  majority  necessary  for .  25 

Board  of  Canvassers  to  ascertain .  7 

election  for  town  incorporation,  how  canvassed  and  counted .  2 

election  officers  to  count  and  certify  to .  8 

number  necessary  to  elect  in  town  election . . .  7 

ordinances,  number  necessary  to  pass . : .  18 

sewers,  number  necessary  to  pass  ordinances  for .  18,  27 

sewers,  number  necessary  to  pass  resolution  changing  awards .  27 

sidewalks  and  sewers,  number  necessary  for  proceedings  initiated  by  Council  57 

school  appropriations,  number  necessary .  25 

statement  of  number  of,  to  be  made  by  Board  of  Canvassers .  7 

tie,  proceedings  on  .  8 


W 

WARDEN,  DOG,  See  DOG  WARDEN. 

WARDS. 

Board  of  Assessors,  only  one  member  from  any  one  of  the .  54 

Chosen  Freeholders,  number  from .  5 


INDEX. 


389 


PAGE 

WARDS — Continued. 

constables,  number  from  .  4 

Council  to  divide  town  into  not  less  than  three .  3 

Councilmen  to  be  chosen  from .  4 

division  into,  when  to  be  made .  3 

division  made  before  incorporation  of  town,  when  to  continue .  3 

division,  when  may  be  changed .  3 

inhabitants  to  be  equal  in  number  in .  3 

representation  and  officers  in,  newly  created  by  division  of  old .  91 

territory  of  what,  to  consist .  3 

Statutes. 

division  into,  L.  1902,  Ch.  60 . 

to  be  formed  in  annexed  territory,  L.  1903,  Ch.  244  .  91 

WARRANTS. 

Treasurer,  how  drawn  .  13 

Treasurer’s  book  containing  memorandum  of,  to  be  kept  by  Clerk .  14 

See  also  RECORDER;  PROCESS. 

WASTE  PAPER. 

Ordinances  of  Montclair. 

ordinance  to  prevent  accumulation  of .  219 

WATER. 

act  to  secure  purity  of  public  supplies  of  potable .  94 

Council  may  provide  for .  25 

money  for,  for  fires  may  be  provided  by  taxation .  25 

municipalities  owning  waterworks  authorized  to  make  contracts  with  other 

municipalities  for  . •. .  91 

pollution  of  certain,  prohibited .  93 

ordinances  may  regulate  or  prohibit  swimming  or  bath  Eg  in  public .  19 

town  owning  waterworks  authorized  to  supply  dwelkrs  in  towns  through 

which  their  mains  pass  with .  95 

supply  of,  how  obtained  from  existing  city  waterworks .  86 

See  also  CONTRACT  WITH  WATER  COMPANY .  195 

WATER  COURSES. 

ordinances  may  be  passed  to  remove  encroachments,  etc .  18 

Ordinances  of  Montclair. 

ordinance  to  provide  for  prevention  of  encroachments  in .  225 

WATER  PIPES. 

streets  to  be  designated  for . .  26 

WATER  RENTS. 

apportionment  authorized  .  84 

arrearages,  settlement  and  collection  provided  for .  92 

tax  in  lieu  of,  may  be  levied .  92 

Commissioners  of  Adjustment  may  be  appointed .  .  92 

sales  of  lands  subjected  to .  92 

WATERWORKS,  See  also  BONDS. 

bonds  may  be  issued  to  pay  for  purchase  or  extension  of .  94 

construction  of,  for  extinguishment  of  fires  authorized .  86 

extension  of,  authorized  .  94 

municipalities  owning,  when  make  contracts  to  supply  water .  91 

purchase  of,  by  town  authorized .  94 

towns  authorized  to  obtain  supply  of,  from  existing  city .  .  86 

towns  owning  or  controlling,  authorized  to  supply  dwellers  in  certain  towns  95 
Statutes. 

bonds  for,  L.  1902,  Ch.  82 .  95 

consent  to  laying  of  pipes,  L.  1903,  Ch.  154 .  91 

who  may  form  company  for,  L.  1906,  Ch.  319 .  91 

form  of  municipal  consent,  L.  1906,  Ch.  68 .  95 

as  amended  by  L-  1908,  Ch.  150 .  94 


390 


INDEX. 


PAGE 

WATERWORKS— Continued, 
purchase  by  town, 

L.  1907,  Ch.  207 .  94 

L.  1908,  Ch.  150 . .  94 

extensions  of,  L.  1908,  Ch.  150 . . .  95 

WEAPONS. 

ordinances  may  regulate  and  prohibit  use  of .  20 

Ordinances  of  Montclair. 

penalty  for  violation  of  ordinance .  187 

permit  for  carrying  .  186 

WEEDS,  See  also  SNOW  REMOVAL. 

removal  of,  from  sidewalks  and  gutters,  by  owners,  required .  94 

Ordinances  of  Montclair. 

owners  to  remove  from  sidewalks,  etc.,  after  notice .  194 

removal  by  Superintendent  of  Streets  to  be  assessed  against  owner....  194 
Statutes. 

act  to  compel  removal  from  sidewalks,  etc.,  L.  1904,  Ch.  125 .  66,  94 

WHISKEY,  See  EXCISE. 

WIDOW. 

of  veteran,  pension  for .  23 

WINDOWS. 

Ordinances  of  Montclair. 

constructing  of  bay  or  store,  extending  into  street  prohibited .  189 

continuance  of,  over  street  may  be  permitted  by  Council .  190 

WINE,  See  EXCISE. 

WIRES. 

Ordinances  of  Montclair. 

regulations  concerning  use  of,  by  Montclair  Light  and  Power  Company  105 
regulations  concerning  use  of,  by  Montclair  and  Bloomfield  Telephone 


regulations  concerning  use  of,  by  New  York  and  New  Jersey  Telephone 

Company  .  121,  123 

regulations  concerning  use  of,  by  North  Jersey  Street  Railway  Com¬ 
pany  .  147,  171 

WRITS,  See  PROCESS. 

Y 


YEAR,  FISCAL,  See  FISCAL  YEAR. 


